
Book 'M ^'^ = 



Conditions in the Coal Mines 
of Colorado 



IN THE MATTER OF THE HEARING rTT: 

BEFORE A SUBCOMMITTEE OF THE COMMITTEE 
ON MINES AND MINING, HOUSE OF REPRE- 
SENTATIVES, SIXTY-THIRD CONGRESS, SECOND 
SESSION, PURSUANT TO HOUSE RESOLUTION 387, 
AUTHORIZING AND DIRECTING THE COMMITTEE 
TO MAKE AN INVESTIGATION OF THE CONDITIONS 
IN THE COAL FIELDS OF COLORADO 



BRIEF OF THE COAL MINING OPERATORS 



FRED HERRINGTON 

Attorney for the Colorado Fuel&Iron Co. 
FRANK E. GOVE 

Attorney for the Victor-American Fuel Co. 
J. V. DICKMAN 

Attorney for the Rocky Mountain Fuel Co. 
GEORGE C. MANLEY 

Attorney for the OaJcdale Fuel Co. 



CHARLES HAYDEN 
JESSE G. NORTHCUTT 

Counsel for the Appearing Coal Companies 



WASHINGTON 



1914 



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d: 0f d; 

JUN 29 ?§14 



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CONTENTS. 



Introduction 5 

Accidents and deaths 50 

Adams contract 74 

Adams, R. G., statement of 29 

Casualties, tabulated statement of 18 

Check-off 37, 49 

Checkweighmen 47 

Coal monopoly 39 

Coal production, tabulated statement of 32 

Correspondence with State editors • 23 

Denial of political justice 76 

Deputy sheriffs 54 

Disregard of rights of society 35 

Federal grand jury report 75 

Federal grand jury report, excerpt from 75 

Feudalism ."^ 34 

Governor's report, excerpt from 76 

Juries 55 

I>a"w enforcement 40 

Letter of coal mine operators to governor, November 5, 1913 22 

Machine guns 59 

Militia, the 60 

Mine guards 52 

Mine owners' ignorance of conditions 28 

Morgan, Charles 64 

Peonage 73 

Postal laws 72 

Private detectives 52 

Rouse pay roll 19 

Searchlights 58 

Settlement 21 

Short weights 47 

Strike leaders. . » 78 

Strike of 1903, resolution of October 9, 1903 11 

Truck system described 43 

United Mine Workers unlawful 36 

Verdict of coroner's jury 20 

Violence 56 

Conclusion 78 

3 



COTOITIONS IN THE COAL MINES OF COLOEADO. 



In the Matter of the Hearing Before a Subcommittee of the 
Committee on Mines and Mining, House of Representatives, 
Sixty-third Congress, Second Session, Pursuant to House 
Resolution 387, Authorizing and Directing the Committee 
TO Make an Investigation of the Conditions in the Coal 
Fields of Colorado. 



BRIEF OF THE COAL-MINING OPERATORS. 

We believe we can facilitate the comprehension of the committee 
by a statement of the controversy, an introduction of the parties dis- 
putant, the histor}^ leading up to the strike, and the history made 
by it. 

This controversy grows out of what is popularly referred to as a 
strike among the coal miners of Colorado, but it in fact embraces few, 
if any, of the elements of a strike. A strike occurs when a majority 
of the employees of an institution, for some purpose sufficient unto 
themselves, cease work in a body. Such cessation usually occurs 
after a vote has been taken on the question in some proper manner 
by the workmen involved. 

The present controversy is not a strike, for the reasons: First, the 
employees did not vote to call the strike; second, the majority of the 
miners did not walk out on the call, less than 25 per cent having re- 
sponded thereto. In addition to those who responded to the call, 
probably 10 per cent, desiring to free themselves from the war threat- 
ened by the caU of the strike, left the State. More than 60 per cent 
of the men remamed at their posts of duty. 

Instead of a strike this controversy is an armed insurrection 
against the sovereign authority of the State of Colorado, conceived, 
planned, financed, managed, and directed by the officers and leaders 
of the United Mne Workers of America, inaugiu*ated more than 10 
years ago and pursued with a persistency and villainy most insidious 
and reprehensible as we shall proceed to demonstrate in the following 
pages. 

Among the many sources of wealth w^hich nature has so bounteously 
deposited mthin the boundaries of the great commonwealth of 
Colorado, is that of coal, rich in variety and quantity. 

In Colorado there are more than 11,000,000 acres of coal land. 
The United States Government owns more than 10,000,000 acres of 
this valuable product. The State of Colorado o^^^ls a Uttle less than 
one-half milHon acres of it. By the coal operators there is held less 
than 5 per cent of the total area. Of the Staters coal land, about 
14,000 acres, through the medium of leases to private parties, are 



6 CONDITION'S IN THE COAL MINES OF COLORADO. 

paying to the State an annual revenue of approximately $60,000, 
wmch revenue is covered into the school fund as a contribution to 
education and civilization from one of the great industries of the 
State. 

The arduous task of developing the coal lands of the State oi 
Colorado began more than 30 years ago. Its history and results are 
as unlike the development of the metalliferous fields as it is possible 
to imagine. Instead of the fabulously rich strikes and overnight 
fortunes of the lode and placer mining regions, the development of 
the coal mines has been one of patient toil, requiring from those 
enhsted in the enterprise the exercise of judgment, arduous effort, and 
the expenditure of large sums of money. No individual fortunes of 
dazzling dimensions have been made in the coal fields, as have been 
reahzed in uncovering the precious metals. True, some reward has 
been gathered by those who have embarked in this enterprise, but 
whether comm^ensurate with the struggle, tm^moil, and distracting 
contention, remains to be seen. 

The halting uncertainty which dogged the footsteps of those whose 
temerity prompted them to launch the industry on exclusive fines 
is still fresh in the minds of the maturer generation of business men of 
Colorado. The courage \\ith which they invested their last dollar 
in the face of doubt, was adroired. The success of their persistent 
efforts in interesting eastern capitafists in their enterprise was ap- 
plauded; at a risk which, in the nfinds of investors, usually demands 
a promised high rate of interest, the coal fields have been developed 
to such an extent that they have enabled, through their traffic, rail- 
roads to be extended into the mountains where they were unknown 
before; they have built up and maintained an immense steel plant; 
and through the combined efforts of the railroads, the steel plant, and 
the development of the coal fields, the population of Colorado has 
been largely increased ; and we, the citizens, the heterogeneous com- 
ponents of the general commerce of the State, reaped with avidity 
our several rewards drawn from general business activity stimulated 
and encouraged by the mse and judicious investment of the capital 
brought into the field by the energy of these early coal operators 
who are now made the victims of the calumnious darts hurled by the 
idle and vicious-minded agitators of various complexions with which 
our wonted busy State is so unfortunately cursed. 

Since the begmning of this industry in the Centennial State it 
has gained steadily in the face of determined though blind and un- 
called-for opposition, until it stands now among the largest and most 
indispensable of our industries. 

The pioneer in the industry had much to contend "with not known 
to the modern operator; everything was to be found; the labor to 
mine the coal, the money mth which to pay the labor, and finally 
the market in which to sell the product, were all problems for his 
solution. The experienced miner was not at our door, but had to be 
induced to come, and the pioneer employer was obliged to pay the 
wages and offer the conditions that would attract labor from the 
eastern States, which are nearer and more accessible to the seaports 
where the immigrant accretions to labor are constant. 

While the capital of the East has been a potent factor in the solu- 
tion of these problems and the advancement of the industry, a cer- 
tain organization founded in the East has just as consistently done 



CONDITIONS IN THE COAL MINES OF COLORADO. 7 

its part to impede the progress, which will clearly appear as the events 
leading up to the present rebellion are uncovered. 

This brings us logically to the introduction of the United Mine 
Workers of America, the complainants here, and the sine qua non of 
the present controversy. 

Although coal mining is an industry that has always been more 
convulsed by labor disputes than any other (vol. 25, p. 1029, Ency- 
clopedia Britannica), strikes in the coal fields of Colorado have been 
few, far between, and inconsequential until the year 1903. True, 
there was a local walkout in some of the coal mines of Colorado in the 
year 1885, but of such insignificance in magnitude and duration as to 
fail of chi'onicle in the liistory of labor troubles, and now finds evi- 
dence only in the memory of man. 

During the spring of 1894, when strikes seemed to be the order of 
the day in all industrial lines throughout the country, a few of the 
coal mines of southern Colorado experiences a strike of about 40 days, 
which was confessedly called as an expression of sympathy with the 
coal miners in Pennsjdvania, who were then on a strike which was 
being conducted by this same expert organization, the United Mine 
Workers of America, then young in its being. 

The Pennsjdvania strike was adjusted soon after the sympathetic 
strike, so called, in Colorado (though not as a consequence thereof), 
and when settled those engaged resumed their work without the 
slightest consideration of the predicament or welfare of their Colorado 
brethern, but left them to '^ shift their own gear"; the result being a 
scramble for the places in the mines which they had so recently 
abandoned. 

At that time, be it understood, the number of miners working in 
Colorado was so small that the possible dues of membership in the 
union had not been tempting. But very soon thereafter the ambition 
of this self-constituted guard.ian of the laboring man's interests spread 
until it finally, in its avarice, coveted the entire Western Hemisphere. 
And here let us inquu-e: '^ Who is it?" '^ What is it?" and '^ What is 
its purpose?" 

John R. Lawson, a member of the national executive board of the 
United Mine Workers of America, representing district No. 15, in his 
testimony given before this committee, says: It is a '^voluntary 
organization composed of men and boys who work in and about the 
coal mines of the United States and Canada." That its '^purpose is 
to increase wages, improve conditions * * * to safeguard the 
lives and health of employees." (Rec, p. 204.) 

But the Federal district court of the United States, sitting in and 
for the northern district of West Virginia, at the conclusion of a most 
painstaking and exhaustive investigation, declares the association to 
be an unla\\^ul one and organized for unlawful purposes. It is not 
a hastily rendered opinion by a biased court, but a profoundly studied 
product promulgated by one cognizant of all the benefits to be derived 
from la\vful, well directed labor organizations. 

The opinion may be found, beginning at page 512 of volume 202 
of the Federal Reporter; and on page 554 thereof the following 
language is found: 

I conclude, therefore, that this organization, known as the United Mine Workers 
of America, is an unlawful one, because (a) of its principles, as set forth in its con- 
stitution, obligation for membership, and rules, which (1) require its members to 



8 CONDITION'S IN THE COAL MINES OF COLORADO. 

surrender their indhidual freedom of action; (2) seeks to require, in practical effect, 
all mine workers to become members of it whether desirous of doing so or not; (3) seeks 
to control and restrict, if not destroy, the right of the mine owner to contract with its 
employees independent of the organization; (4) to exclude his right to employ non- 
union labor if he desires; (5) to limit his right to discharge, in the absence of contract, 
whom he pleases, when he pleases, and for any cause or reason that to him seems 
proper; (6) assumes the right on its part, by and through its oflacers, to control the 
mine owner's business by shutting down his mine, calling out his men upon indefinite 
strike in obedience to their obligation to the union, whether the men desire to quit 
work or not, whenever the union's officers deem it to be for the best interests of the 
union, regardless of the rights and interests of the mine owner, and regardless of his 
direct loss and damages and such indirect loss and damage as may be incurred by him 
by reason of the resultant ^-iolation of contracts by him with others. (Adair v. IJnited 
States, 208 U. S., 161; 28 Sup. Ct., 277; 52 L. Ed., 436; 13 Ann. Cas., 764.) I fui-ther 
conclude that it is an unlawful organization, because (h) of its procedure and prac- 
tices, in that (1) it seeks to create a monopoly of mine labor such as to enable it, as an 
organization, to control the coal mining business of the country; and (2) has by express 
contract joined in a combination and conspiracy vrith a body of rival operators, resi- 
dent in other States, to control, restrain, and, to an extent, at least, destroy the coal 
trade of the State of West Virginia. It has spent 14 years' time and hundreds of thou- 
sands of dollars in an effort to accomplish this unlawful purpose. 

The contract referred to immediately preceding is the compact 
entered into between this organization and the coal operators of 
western PennsTlvania, Ohio, Indiana, and Illinois, in the city of 
Chicago, during the year 1898, and reconsidered in a later conference 
at Cincinnati in 1910, the proceedings of which later conference are 
set out on pages 534 and 535 of the opinion above referred to. 

From these proceedings, it appears that, as a result of the Chicago 
conference, wages in the States of Pennsylvania, Ohio, Indiana, and 
Illinois, were advanced from 56 to 66 cents per ton, and various other 
concessions to the miners were made. The operators of the States 
mentioned, after the concessions made, and consequent burdens 
assumed, found themselves in competition with the nonunion mines 
of West Virginia and Kentucky, and, during the Cincinnati con- 
ference in 1910, complamed in the following language: 

The granting of the eight-hour day by the operators, after making these numerous 
other important concessions, was with the distinct understanding and explicit promise 
of the miners to give to the operators of the four contracting States adequate protection 
against the conipetition of the unorganized fields. From year to year they have 
been called upon to fulfill that promise. 

And, during the same conference, further comment was made as 
follows : 

Finally, we ask for the fulfillment of the pledge of 1898, upon which we made to the 
miners so many important and costly concessions. Though that promise has not been 
kept, we haAC continued for 12 years to make additional concessions by increasing 
the mining price from 66 cents agreed upon at that time to 90 cents, and in other 
respects conceding demands without any compensating concessions upon the part 
of the miners, until we now find ourselves at the limit of financial safety-. The operators 
can make no further concessions. It is now, in our view, not only to the interest of the 
miner's, but then dut\ as Avell, to do their share to meet these conditions. (Hitchman 
C. & C. Co. 1. Mitrhell, 202 P^ed., 535.) 

From these observations, the gigantic undertaking, and likewise 
the unla\\^ul character thereof, entered upon by the union in pur- 
suance of the terms of its constitution and by-laws, are made clear, 
and fuUv justify the court in its holding. And here, demonstrating 
the court's grasp of the situation, and its reahzation ol the thoughtlul 
and watchful attention being given by the States of the Union and 



CONDITIONS IN THE COAL MINES OF COLORADO. 9 

the Federal Government to labor unions and to the cause of labor, we 
quote the following: 

Before applying these principles to this particular organization and case I can not, 
in view of the extended quotations from labor leaders and advocates contained in 
the brief of counsel for the defendants, but disclaim the sentiment expressed by 
such leaders, to the effect that either the legislative bodies or the courts of this coun- 
try, Federal or State, have been or are unfriendly to labor organizations. Tlie con- 
trary is true. The statute books are full of laws for the benefit of labor, to better 
their conditions, to insure their health, safety, and their lives. Organized labor is 
entitled to all praise for tlie effective work done in aid of securing these laws. And 
the courts of the country have been prompt in fully and effectively enforcing such 
laws. 

All labor unions organized for lawful purposes and striving to achieve those pur- 
poses by lawful means and procedure are entitled to the protection of the law to the 
fullest extent; but, on the other hand, any and all combinations, labor or otherwise, 
organized for imlawful purposes, or being lawful in purpose which are prostituted 
to unlawful proceeding and to the accomplishment of unlawful ends, should be 
required either to reform theii' unlawful purposes, cease from their unlawful proced- 
ure, or cease to exist. And no part of the body politic is or can be more vitally inter^ 
ested in the suppression of labor organizations unlawful in purpose or proceeding 
unlawfully than the members of such organizations lawful in purpose and procedure. 

In that case, as in the one here inA^olved, the organization was 
atteniptii"ig to coerce the complaining coal company to enter into 
a contract with its organization to require it to employ only the 
mcml^ers of the organization in its mines, and the court holds such 
demand, enforced in the manner, namely, by force of arms and 
intimidation of the workmen of the complainant, was unlawful and 
should not be permitted. But the court goes further and holds 
that the very purpose of the organization, as set out in its consti- 
tution, makes it an unlawful orgardzation, and the pledges which it 
takes from its members require them to surrender their free will 
and liberty in contravention of the guaranties of our bill of rights 
and the Federal Constitution. 

The constitution of this orgardzation is set out beginning on page 
2766 of the record, and by the very first section of Article II thereof 
provides : 

First. To unite in one organization, regardless of creed, color, or nationality, all 
workmen eligible for membership employed in and around coal mines, coal washers, 
and coke ovens on the American Continent. 

Second. To increase the wages and improve the conditions of employment of our 
members by legislation, conciliation, joint agreements, or strikes. 

And here we pause to direct attention, parenthetically, to the 
organization's caprice, as well as its antagonism to anything that 
smacks of law or law enforcement, by reference to its definition of 
ehgible members. Section 2 of Article XIV of its constitution ex- 
cludes from menibership boy scouts. 

Parents who have felt a thrill of pride as their boys, in early child- 
hood, strutted forth in the uniforni of the boy scouts, will feel some 
chagrin, doubtless, to know that their patriotism taboos them from 
membership in this grand order. 

There are many adjudicated cases shomng how and in what manner 
the organization proceeds to bring about the adherence to its order 
of all persons in any way connected with the coal-niining business, and 
when that purpose is accompHshed, by whatever means, the results 
which mmst necessarily follow can be readily imagined. It has evi- 
dently gained a reputation before coming to Colorado. 



10 CONDITIONS IN THE COAL MINES OF COLOEADO. 

1. Hitchman Coal & Coke Co. v. Mitchell, supra. 

2. IT. S. ex rel. v. Ha2;2:ertv, 116 Federal, 510. 

3. U. S. ex rel. v. Gelir, 116 Federal, 520. 

4. Commonwealtli v. Shortall (Pa.), 55 Atlantic, 952. 

5. Ex Parte Jones, 77 S. E. 1029 (W. Va.). 

6. Fortney v. Carter, 203 Federal 454; C. C. A. 4, 1913. 

7. Carter v. Fortney, 170 Federal, 463; C. C. N. D. V7. Va., 1909 

8. Carter v. Fortnev, 172 Federal, 722; C. C. N. D. ^. Va., 1909. 

9. State of Arkansas v. K. & T. Coal Co., 96 Federal, 353; C. C. W. D. Ark., 1899. 

10. U. S. V. Sweenev, 95 Federal, 434; C. C. W. D. Ark., 1899. 

11. Mackall v. Ratchford, 82 Federal 41; C. C. W. D. W. Va., 1897. 

12. Hitchman C. & C. Co. v. Mitchell, 172 Federal, 963, C. C. N. D. W. Va., 1909 

And this is the organization solemnly, after mature deliberation, 
adjudged an outlaw and trouble breeder, which more than 10 years 
ago fastened its greedy eyes on the ten thousand and more coal 
miners of this State as a source of contribution, through the check-off 
system, to its hungry treasury, and, as a bhnd to their real pm-pose, 
claimed the right, ^rithout invitation or solicitation, to come into our 
peaceful and happy community and tell the whole people, from the 
most humble to the most exalted, from the man ^^dth the shovel to 
the Governor of the State and our delegation in Congress, how we 
should direct our affairs. 

They tell us we are all \vrong: Our laws are wrong, and our ad- 
ministration of them worse. Our institutions are wrong, and chal- 
lenge not their respect. And they, the all-^vise and overgenerous, 
assume to estabhsh a new order of things shaped according to their 
own conceived pattern. And this is how they begin it and carry it 
out. 

It ^\ill be observed from what has been said that an obhgation 
was assumed by this organization at Chicago, in 1898, to unionize 
certain States: and the current history of the country has made 
familiar to the reading pubHc what was done in pursuance of that 
obhgation. 

The miners here attempt to give prominence to the supposed 
primary action of the Colorado mirsrs in calhng the present strike; 
while it is contended by the operators that their miners were con- 
tented, satisfied, and prosperous, desired no cessation of work, and, 
if permitted to act voluntarily and ^rithout coercion, would not have 
ceased work, and that they were not only influenced but led bhndly 
or driven by fear into their present situation. 

In support of this contention of the operators, there is much his- 
torical evidence: It is without doubt that the United ^line Workers 
of America has been for a j^eriod of more than 20 years, in fact since 
its earhest organization, waging a ceaseless warfare for the control 
of coal mining labor on the western hemisphere. The time was 
when they were not so adroit or hypocritical as now, and boldly 
asseverated their participation in the inauguration and conduct of coal 
strikes. And it is in evidence before this committee that the present 
strike is a renewal of the strike of 1903, that it was called by the 
same organization and conducted for the same purpose. 

The strike of 1903 was inaugurated by a resolution passed by the 
United Mine Workers of America in convention assembled, at Indian- 
apohs, Ind., on October 9, 1903, that resolution being in words and 
figures as follows: 



CONDITIONS IN THE COAL MINES OF COLORADO. 11 

Besolved, That the national executive officers are hereby given full power to inau- 
gurate a strike in district No. 15 in one week after the adjournment of the national 
executive board, if a conference can not be arranged or an adjustment made of the 
Colorado situation. (Report of Labor Disturbances in Colorado by United States 
Commissioner of Labor, p. 333.) 

This resolution was preceded, very much as the present strike was 
preceded, by a written communication to the coal operators, advis- 
mg them, in most vague and general terms, of the horrible conditions 
under which their men are working and suggesting a conference with 
the officers of the United Mine Workers of America. 

In the month following the passage of the resolution above quoted 
the walkout of 1903 took place. A few of the mines closed tempo- 
rarily. Prompt and well-directed military intervention prevented 
the wholesale bloodshed and destruction of proprety which has char- 
acterized the present strike, and the orderly deportation beyond the 
trouble zone of the nonresident trouble breeders speedily restored 
peace, and those who desired to work were protected in so doing, 
resulting in a return of normal conditions in the region where the 
organization was ignored, namely, the entire State except the north- 
ern field and one or two isolated mines in the southern field. The 
strike was not called off, in strike parlance. The strikers simply let 
the miners alone and they gradually returned to work, as they would 
do now if permitted. The miners were addressed by the then national 
president, John Mitchell, and, in concluding his address he admon- 
ished them as to what they- might expect in the future and thereby 
recorded further evidence of our present contention of the origin and 
beginning of this strike in the language following: 

It is oiu" sincere hope that all who have participated in this struggle may be able 
to secure speedy emplojTiient; that they may retain their interest in the organiza- 
tion and prepare themselves for a more successful movement ac the first fa^-orable 
opportunity. It is not our intention to abandon tlie work of organization in Colorado 
and Utah. We propose continuing our efforts to organize the men in these fields. 

This is found in a letter dated at Indianapolis, Ind., and reported 
on page 356 of Report of Labor Disturbance in Colorado, by Carroll 
D. Wright, Commissioner of Labor. 

And it was 'probably the consciousness of tliis determinaticn so 
long since rooted, that prompted the United Mine Wcrkers of Amer- 
ica to make the prondso in 1906, to the scvatiiwastern operators, that 
they would unionize the Colorado and New Mexico fields. For in a 
meeting of the operators of Missouri, Kansas, Arkansas, and Okla- 
homa in a conference over wage controversies ponding in these States, 
1910, the operators promulgated a written conimunication which was 
published in pampjilet fcrjn, and on page 11 thereof is found the 
following : 

In 1906, a definite promise was made to the operators of the Southwest that the Colo- 
rado field would be organized. This has not been done, and the Colorado and New 
Mexico coal has further encroached on our territory since that time. The coal from 
these two fields is displacing coal produced in district 21 in Fort Worth and territory 
west thereof. 

This published statement was given wide circulation, was un- 
doubtedly known to the miners, and no denial was m.ade of the truth 
of it. 



12- CO>n)ITIOl!fS IX THE COAL IVHXES OF COLOEADO. 

As a result of the 1903 strike, the mines in the northern field were 
unionized — that is, contracts were signed between the organization 
and the mine owners, and none but union members were allowed to 
work in or about the mines. Tliis affiliation of the two forces resuhed 
as shown by the testimony of ^Ir. C. h. Baum, beginning at page 576 
of the record and of Hon. James H. Blood, beginning at'i^age 2411. 

^h. Baum. as shown by his testimony, began the operation of his 
mine in 1905. As appears from his testimony he had not worked 
long until the United ^line Workers of America appfied fcr permission 
to organize the miners in his mine; this he refused, and they negotiated, 
threatening to caU out the men. It appears that this continued 
through the years 1906 and 1907. Finally it was consented by ^Ir. 
Baum that the miners should organize and that he woidd sign a con- 
tract with the local union, but expressly decfined to enter into a con- 
tract with the United ^line Workers of America, and thereupon, as it 
will appear, his troubles began. 

The contract in relation to the local union did not bring liim sufii- 
cieutly under the domi n ation of the parent organization. He remon- 
strated against additional burdens imposed by the parent (Organiza- 
tion, and, among objections to entering iuto the contract, cited the 
fact that neighboring nonunion miiies which competed with him in 
the market were not subject to those burdens. But, as to this objec- 
tion, he says : 

!Mr. La-wson, in reply to a question from me. said, in the presence of Mr. Bab cock, 
that \rithin 90 days the Leyden mine would be signed up with the United Mine Work- 
ei^ of America, and within six months the entire southern field would be organized. 
I said at that time that upon that promise I would be induced to make a concession 
and sign this agreement, which under other circumstances I would not feel like doir^. 
We had a little trouble in June. 190S. We were not progressing e%T.dently to the satis- 
faction of the United Mine Workers of America. (Kec, p. 5S5.) 

In addition to this promise, shortly thereafter they served on him 
a notice as follows: 

Lafayette. Colo., June 19, 1908. 

Notice to All Members or Locax Xo. 13S8, U. M. W. of A. 

You are hereby notified that a suspension of work will take place at 4 p. m. , 

1908. The companies will be allowed the necessary men, such as engineers, firemen, 
pumpmen, and brattice men, to work to keep their mine intact. Said help will not 
be allowed to load any coal under any consideration. 

All men heretofore mentioned that have been employed by the company that will 
be laid idle wiU be given an equal share of work in their turn, and whenever the com- 
pany demands more help, they will norif>- the pit committee and the pit committee 
will investigate the same before any other help may be employed. 

By order of subdistrict No. 1 of district 15, Local Union 1388, V. M. W. of A. 

Per James McCuxe, President. 
B. M. Beillhaet, Secretary. 

Shortly after the service of this notice, Mr. Baum, sviih the other 
coal operators, entered into a contract which was to last until March 
8, 1910. It may be observed that the earliest contracts were entered 
into and the strike in that field ritLsed on Xovember 30, 1903. 

The happy life ( ?) led under the contract of July, 190S, is fairly 
well represented by the testimony of Hon. James H. Blood. 

It is made clear from the witness's testimony, that he was on 
principle, an advocate of unions. Such being his view of the indus- 
trial question, it was easy for him to view the controversy in the 



CONDITIONS IN THE COAL MINES OF COLORADO. 13 

northern field from the standpoint of the miners; and as it appears 
from his testimony, he was hirgely instrumerital, if not the moving 
cause, in prevaihi g uj)on the mine operators in the northern field to 
contract with the United Mine Workers of America in the year 1003, 
and he tells us in his testimony, that after entering into contract they 
experienced almost continual uneasiness. That several strikes 
occurred among the men locally, and he was unable to adjust them, 
save by appealing to the then national ])resident. 

These disturbances continued intermittei^.tly until the first of 
April, 1910, when their increasing and insistent demands became 
intolerable, and upon the refusal of the company to surrender, a 
strike was called, and as the witness says, 'Mt was called contrary 
to all iigreements." 

"What follows is more graphically told in the witness's own language: 

By Mr. Austin: 
Q. Did you have an agreement at that time? — A. We had contracts prior to that 
in which it was agreed that the men should continue at work during negotiations — 
while negotiations were pending to renew^ the contract. The contract had expired, 
and in violation of this agreement, and without notice, they v/ent out on us and ordered 
the strike, and not only that, they called out the firemen, the engineers, the pump- 
men, all of those men that are necessary to preserve and m.aintain the property, to 
care for the property — which is all contrary to their princi})les, as I understand it, 
and I believe I do. I believe I am familiar with the United Mine Workers rules. 
******* 

After the strike had been called — prior to this for a number of years, and during 
the time that our relations had been very amicable, we had been building up our 
business; we were operating 10 or 12 mines v\rithin 20 to 25 miles of Denver, and the 
mines were out on the prairie. Towns had been built up around the mines, and our 
employees had their homes in the towns and controlled the towns. The towns were 
more like typical New England towns than they were like mining camps in this respect. 
We had done everything we could to build up these tov,Tis. Our mines were in the 
open, without any protection whatever, and no fences around them — nothing to pro- 
tect them. After the strike was called and our engineers and firemen and pumpmen 
went out, we then called upon Mr. Capp for protection in the matter, as all sorts of 
threats were being made against the property, and we were afraid of fire or some other 
danger. 

Q. Mr. Capp was the sheriff? — A. Mr. Capp was the sheriff of Boulder County. 
He has just been on the stand here. At that time he was the sheriff. Mr. Capp said 
that he would be neutral; that he would not allow either side to do anything that was 
injurious to the other. That was the substance of his statement to us at that inter- 
view. That was all we wanted. In the meantime, in order to protect our property, 
we had to hire engineers, firemen, and pumpmen in the city from employment agen- 
cies and from buildings, anywhere we could get anyone that understood anything 
about machinery, and because of these threats that were made. They were so alarm- 
ing that we considered it best to take some action in behalf of our men. We took a 
trainload of firemen and engineers up there within a week after the strike, men simply 
to protect the property, but not to operate them. They were not miners. They were 
engineers and firemen and pumpmen, who would maintain the plants, so that water 
could be pumped and the mines would not be ruined and destroyed. We found 
that these men that we were taking up there, there was not a time when one of them 
could go to the post office for his mail or go to the store to buy anything that he would 
not be assaulted and beaten up, and we again appealed to Capp, without success. 
In the meantime we had appealed to the county commissioners of Boulder County 
for protection in the matter, and they directed Mr. Capp to employ deputies to take 
care of our property and see that the property was preserved. The deputies that were 
employed by him were either strikers or sympathizers with the strikers. I believe 
Cassidy and some others were actually strikers, and instead of getting protection 
when our men were being assaulted, the deputies would leave the individual to be 
beaten up and maltreated. In the meantime, when things were going on in this con- 
dition it was necessary, we saw, in order to protect the property to build wire fences 
around the property that inclosed the mines. 



14 CONDITIONS UJ THE COAL MINES OF COLORADO. 

Here we get a pretty clear idea of the manner in which this organi- 
zation complies with its contracts. And later on in this brief we 
shall probably advert further to this subject. 

And it is this strike of 1910, the outgrowth of the contract of 
November, 1903, renewed in July, 1908, about which the witness, 
Blood, has been testifying, and which continued, and still continues 
in name, for the success of which the present strike was called last 
fall. This is clear from the record made and published by the United 
Mine Workers of America in the United Mine Workers Journal of 
July 24, 1913, volume 24, No. 1, in which we find the following: 

Your committee further recommends that this board indorse the management of the 
strike in northern Colorado and reaffirm our indorsement of said strike and pledge our 
continued financial support in the future, and authorize the international resident 
officers, if in their judgment it becomes necessary for the success of the strike in north- 
ern Colorado; that they be empo^vered and are authorized to call out on strike any 
part or all of the district. The matter of outlining policies to govern the future is to 
be left to the discretion of the resident international officials. "(Rec, pp. 292-293.) 

In the same papers, under date of August 22, 1913, we find the 
following: 

Official Notice. 

Indianapolis, Ind., August 22, 191S. 
To the officers and members of the United Mine WorJcers of America. 

Brothers: During the past year we have conducted a most aggressive organizing 
campaign in practically ev-ery nonunion coal field on the American Continent. In all 
this work we have met with a large measure of success. 

Our accomplishments in West Virginia alone exceed the expectations of the most 
enthusiastic am^ng our membership. We are conducting strikes in Colorado; Van- 
couver Island, and elsewhere, all of which are very important. We contemplate a 
continued campaign in West Virginia and southern Colorado, as well as in other non- 
union sections. 

In order to provide funds for carrying on this campaign we are le\^dng an assessment 
of 50 cents per member for two months, during September and October. Therefore, in 
accordance with our laws, you are hereby officially notified that an assessment of 
50 cents per member per month is levied on each and all members of our International 
Union for two months beginning September 1^ 1913. If each and every member wiU 
respond promptly and cheerfully, you will increasingh^ help bring about success in 
establishing the organization everj^where. 

Please send all money to William Green, international secretary-treasurer, 1101- 
1106 State Life Building, Indianapolis, Ind. 
Fraternally, j'ours, 

JoHN^ P. White, President. 
Frank J. Hayes, Vice President. 
William Green, Secretary- Treasurer. 

And just preceding the present strike and before any so-called con- 
vention of the miners of district No. 15 had been held to confer upon 
the subject, a meeting of the national executive board of the United 
Mine Workers of America was held in Kansas City, Mo., and by them 
it was determined to call the present strike, and such conclusion was 
fixed and irrevocable before ever the so-called convention at which 
the strike was supposed to have been ordered was called together. 

In the face of these preparations, the management of the present 
strike contends that it was called by a delegate convention of the 
miners of the Colorado coal fields, held in Trinidad on Septeniber 16, 
1913, but from the foregoing quotations from their own official organ 
it is clear who constituted the moving spirit of the strike movement, 
and also very clearly shows that the present strike is a continuation 
of the struggle started 10 years ago. Such fact is further corrob- 



CONDITIONS IN THE COAL MINES OF COLORADO. 15 

orated by the testimony of John R. Lawson, given before the com- 
mittee, by which it is established that the workers and organizers of 
the United Mine Workers of America were kept in the field from that 
time on, until the famous convention of September 16, 1913, was 
held, which Mr. Lawson, in his testimony, tells us was composed of 
delegates some of whom were elected from what he pleased to term 
the independent membership of the order. This independent mem- 
bership, he explains on page 291 of his testimony, was floating in 
character and not necessarily attached to any particular local union. 

But Mr. Lawson did not need this convention to inform him that 
the strike was to be called, because, long before the publications in 
the official journal from which we have quoted and about a year 
before this notable Trinidad convention was called, Mr. Lawson tells 
a confidential friend, then a candidate for •governor of the State of 
Colorado, that the strike would probably be called. (See statement 
of Gov. Amnions, p. 2836 of record.) And undoubtedly everything 
was in readiness, and this strike would have been called in the fall 
of 1912 had it not been for the unexpected outbreak in West Virginia. 

Now, let us see what further preparations than the correspondence 
conducted by the officers of the union and the levy of an assessment, 
as indicated by the above quoted publication, were made by the 
officers of this organization. It is admitted by their officers, in testi- 
mony given before this committee, that, am.ong other things, they 
bought tents in which to house the persons whom they expected to 
take from their places of abode upon the call'ng of this strike; that 
they leased or purchased land in various places, where these tents 
were to be pitched; that they bought provisions for the people who 
were to occupy the tents; that they bought arms, consisting of rifles 
and other guns and ammunition for the use of the strikers. In fact, 
their preparation does not indicate a preparation for a strike, as the 
term is ordinarily understood, but indicates more clearly a preparation 
for a war of conquest, and that is exactly what this strike has been, 
and what it was intended to be from the first, as must clearly appear 
to the thinking man, from the character and manner of the prepara- 
tion. When we cast our eye over the coal field in southern Colorado 
and witness the manner of occupation thereof taken by the organized 
army of strikers, no other conclusion is open to us. 

The coal field in question where the greatest amount of disturbance 
had occurred up to the commencement of this investigation is located 
in Las Animas and Huerfano Counties. The mines affected by the 
strike are located between the Huerfano River, in Huerfano County, 
and the southern boundary line of the State of Colorado, along the 
Colorado & Southern Railway to Trinidad, thence westerly along the 
Colorado & Wyoming Railway for a distance of over 30 miles, and 
southerly on the Atchison, Topeka & Santa Fe Railway to Wootton, 
the distance from north to south being about 60 miles and westerly 
from Trinidad about 30 miles. 

In this area are located about 50 operating mines affected by the 
strike. Many of these mines are located in canyons in the mountain- 
side, with the opening of the canyon as the means of ingress and egress 
extending to the railroads over which shipments are made, and all 
persons going to or from the mines must travel up and down these 
canyons. Occasionally a canyon accommodates several mines. The 



16 CONDITIONS IN THE COAL MINES OF COLOKADO. 

only means of ingress or egress other than the canyons mentioned is 
over the rugged mountains. Now, in the same area in which the 
mines above mentioned are situated, there were located by these 
organizers and leaders (most of whom are nonresidents of the State 
of Colorado, and few of whom ever mined a ton of coal in any of the 
mines of Colorado) 10 tent colonies, and anyone studying the location 
of these several tent colonies is convinced in a moment that they were 
not located by chance, but by most careful design; for each tent 
colony is located where it controls the traveling way to one or more 
coal mines, and it is practically impossible, and has been so ever since 
the 23d day of September, 1913, for any person to get in or out of any 
mine in the district mentioned without passing the scrutiny of some 
one or more tent colonies, which colonies, from the foundation thereof 
to the pre ent, have been surrounded by armed strikers every moment 
of the time except when the military forces have been in the field. 
And from these several tent colonies, armed bodies of men almost 
daily sally forth and commit some act of violence, when not kept under 
subjugation by military power. The number and variety of the 
crimes committed by them is simply appalling, and, for the benefit 
of the committee, their various acts will be later tabulated and set out 
in chronological order in this brief. The leaders in this strike, and 
particularly the board member, Mr. Lawson, in his testimony, at- 
tempt to escape responsibility for the acts of the men whom they had 
been instrumental in arming, locating, and assembling at these 
various points of vantage for the commission of the depredations 
which pre umably will force a yielding to their demands, by saying 
that the strikers were aggravated to the point of committing these 
depredations. That they were annoyed by the passing back and 
forth of Baldwin-Felts guards and deputy sheriffs. That also they 
feared attack upon their camps and stood guard under arms to pro- 
tect those camps. And it occurred to counsel from time to time that 
these proffered justifications or provocations seemed to find sym- 
pathy with some of the members of the committee. We respectfully 
submit that an examination of the list and character of the crimes, 
together with the dates of the commission of the same, will disclose 
that this alleged aggravation, even if it were a justification or even 
extenuation for the crimes committed, is a subterfuge, and did not 
in fact exist save in the imiagination of the leaders, who, in their 
speeches and agitation, filled the minds of the strikers with pictures 
of it. But even if the aggravating acts to which they allude had 
been committed, and committed in each instance previous to some 
violent outbreak of the strikers, they would not constitute a justifi 
cation, excuse, or mitigation for the terrible crimes committed by 
these men under the direction of this organization which so stoutly 
demands recognition at the hands of civilized people and legitimate 
industries. 

Man is known to have passion, and the experience of the world has- 
demonstrated that such passion can be aroused, and, through an 
abundance of charity to human frailties, the law has seen fit to take 
into account the probability of the loss of temper and the consequent 
violence therefrom, and has seen fit to relieve parties, partially only, 
from the terrible penalties visited upon certain acts of violence if the 
act is done in a heat of passion, and our statute defines just what the 



CONDITIONS IN THE COAL MINES OF COLOKADO. \% 

degree of crime resulting from a homicide under heat of passion is, 
and, under the head of mans-laughter, defines it as follows: 

Manslaughter is the unlawful killing of a human being, ^s-itbout malice oxpres-s or 
implied, and without any mixture of deliberation whatever. It niust be voluntary, 
upon a sudden beat of passion caused by a provocation apparently sufficient to make 
the passion irresistible, or involuntary, in the commission of an unlawful act era law- 
ful act without due caution or circumspection. * * * The killing must be the 
result of that sudden violent impuLe of passion supposed to be irresistible; for if there 
should appear to have been an interval beiwten the asmult or provocation given and the 
killing, sufficient for the voice of reason and huinaniiy to he heard, the kiting shall be 
attributed to deliberate revenge and punished as murder. (Rev. Stat., sec. 1625-1627.) 

So, in this case, unless our statutes are to be suspended by the dig- 
nity of war to which the organizers have raided their conquest and so 
theiUL-elves denomuiate it, their crime is defined by the above-quoted 
sections as murder. 

And, doubtless, had the parties fostering this insurrection antici- 
pated the probable application of these statute^, they would have 
used their political power to cause their repeal. For it is evident that, 
as a part of their preparation for their present struggle, they deliber- 
ately brought about the passage by the Colorado Legislature of certain 
laws which were m tended to tie the hands of the coal operators and 
prevent the officers of the law affording that protection to property 
which taxpayers have the right to demand. The legislature of 1911, 
by an act found on page 487 of the session laws for that year, made it 
a crime for any person to hire or assist in hiring persons to guard, with 
arms or deadly weapons of any kind, other persons or property in 
this State, or any person or persons who shall come into this State 
armed with deadly weapons of any kind for any such purpose without 
a permit in writing from the governor of the State. And this pro- 
hibition applies to one who may desire to guard and protect work- 
men going from one place in the State to another. Of course there is 
a proviso to the statute referred to, as follows: 

_ Provided, That nothing contained in this act shall be construed to interfere with the 
right of any person, persons, company, corporation, society, association, or organiza- 
tion in guarding their private property or private interests as nov/ provided by law. 

The construction placed on this proviso in the present strike, under 
the views of the governor, required the operators to keep all guards 
on their own land. 

The same act and others passed during the last ten years, contain 
many other provisions designed to foster and aid the success of 
strikes. The effect of the provision prohibiting the guarding of men 
going from one place to another to work can be imagined when we 
reahze that the men thus seeking to go to work in the mines would 
be required to pass a body of armed strikers. Undoubtedly the 
persuasive efforts of the miners thus passed would be forceful, to say 
the least; and union officials admit that these tent colonies were 
placed there partially to give the strikers an opportunity to confer 
with and 'persuade men going to work to desist therefrom. 

This so-called strike, which the organizers themselves admit has 
grown into a war, and which we contend was intended by them to 
be a war before ever it was ordered, took effect on the 23d day of 
September, 1913, and they tell us in their testimony that that and 
a few succeeding days were devoted to moving the strikers from the 
mines to the tent colonies; and, so far as we have been able to learn, 
48852—14 2 



18 cosnanoira uss the coal motes of colobado. 

no oime was committed on that day. Bat by noon the following 
day the pyrotechni^ l>€gaA, and from that time mitil the State 
irnlitia, was ordered into the field a, reign of tciror prevailed and a 
smes ci dimes were perpetrated by th^e people wfaicb, to say the 
least, manifests an energy wiiieh would be eoTiable if directed aloi^ 
pr^0* lines. 

'Hie f fdlowing is a chnmological statement of some of their acts in 
^e connti^ of Huerfano and Las Animas: 

5 r : 3al slcifce fmrmally declare i 

^T: - '. -- II^iAa! B^bert Ijee, of Seg-i. i : =i--iTr?i by stnfcras. Houae of mmer 2,- 



Oet. 7. A - 

Od. 7. AmDZi::;; 

Oct 7. Dr. QjLzr-r 

OdL 7. Jctr -1- 



OdL 9. X 



OdL 13. T^ : 

Oct. 14 V:,-l^, 

Oct. 1 7:5 

OdL i! Zi T 

Oct 2'. Z t:- 

Oct. r : : - 

OdL :> z- 

OcL 2S. Ai!?T5= 
Oct 2P ^ . - i: 

SIov. i 3^-m- ; _ 

XOV. ©. J^L^r - 

3Sdv. S-H-^.: 
.^. 10. Tnnpr 

Apr. i^: z-:- 

Apr. 2: ^zi-^ 



Apr. 2&. 1: 



Apr. 
^r. 



Api: 2:. :-:,. Zt:-:: :----::.-_-: It;: :7:"Z-- ^; -::- ^::t:;;l: .imi--. ^Jif 
::!;■?: ::_ti:::: :.^ " -.1 --:.:i;:-. :. -.t ;. t " i.- tliit _t -""-^a eiiot.) 

Ma-- :: ::^t ;:::i::i:^ :;-= :: ~. '.:.., -, . --.::, :_;- :_t :::T-r?iug 

state- :.._> ""r:_ '::-:._i.- ,: ^:.v ;""r:iT::::- :: ^^.t ; : ::.'.i_:::tt ;i-::iiig 

tlie in :- -- - - : ^ -:.- 

place - — 

operi:. . ■; i^cis. Aii*i ii is .'. - — : t-s- 

aive :' -j by reason of ::- -i-i-ie, 

that —■^\. indieds of stxikeis engaged in 



CONDITIONS IN THE COAL MINES OF COLORADO. 



19 



some of these battles, they did not produce for the enU^htenment of 
the committee a single eyewitness from the strikers' side to any of 
them save the one at Forbes, and these were witnesses of the latter 
part of the battle only, and not to the inception of it, which began 
probably tAvo hours before any of the sheriff's posse arrived on the 
scene. 

And all these acts of violence have been done under the super- 
vision and direction of that very estimable organization which the 
Federal court has decided to be an unlawful one, and which the 
operators have declined to contract with by reason of its disreputable 
and um-eliable character. And these crimes have been committed 
for the alleged purpose of bettering the condition of about 14,000 
miners who were living in good homes (as seen by the actual inspec- 
tion of the members of this committee) under pleasant environment, 
with good school advantages, and earning, as shown by the testi- 
mony herein, wages averaging better than $4 per day. Evidenciary 
ol this statement, we here reproduce Exhibit No. 12, found at page 
2544 of the record, showing the earnings of the miners at the Rouse 
mine for the month of August, 1913: 



Name. 


Days worked. 


Earnings. 


Average per 
day. 


Manuel Fedrizzi 


23 
17 
19 
24 
12 
26 
26 
23 
25 
25 
25 
22 
24 
26 
20 
25 

1 
21 
26 
26 
26 
23 
25 

1 
23 
26 
23 
22 
26 
26 
22 
25 
16 
24 

3 
22 
24 
25 
24 
26 


$96.33 
58.17 
63.87 

121.92 
48.36 

122.13 

126. 57 
85.65 
94.41 

104.79 

154. 55 

67.14 

83.34 

92.64 

61.49 

149.73 

2.19 

101. 37 

156. 66 

113. 58 
91.50 
87.56 
93.75 

2.19 
85.08 
94.87 
82.77 

115.95 

122. 34 

115. 32 
82.98 

100. 68 
69.04 

128. 82 

7.77 

84.52 

88.17 

137.85 
84.90 

120.00 


14.18 


Y. Kuba 


3.42 


Luigi Mardine 


3.36 


Jolin W. Harrison 


5.08 


Felice Fedrizzi 


4.03 


Gio Cristofor 


4.69 


Frans AutoneUi 


4.86 


Geo. T;RnziTii . . . . 


3 72 


Lnigi Bertoldi 


3.77 


RiigPTip Cnrradini , , , , 


4.19 


John Malinswsld. 


6.18 


F. L. Sallery 


3.05 


Gio RanzoneUi 


3.47 


Mike Duzenack 


3 56 


Ralph Mitchell 


3 07 


Frank Bergamo 


5.98 


W. P. Shields 


2.19 


Gio Gottardi 


4.82 


FiTTiilio Andreatfta . , 


6.02 


John Petz . . 


4 36 


Luigi Marsh . ... 


3 51 


Harrison Hays 


3.80 


Fil Sieski 


3.75 


Q . Minigatti 


2.19 


Dave Zanconella 


3.69 


Carlo Fontana 


3.64 


Fotarel Anselmo 


3 59 


August Metteri 


5.27 


John Pallo 


4.70 


Dom Andretta 


4.43 


Ausr. Kulorga 


3.77 


Anton Peronize 


4.02 


Gio A mi del ., . 


4.31 


Ellis Williams 


5.36 


John Duzanexk 


2.59 


Antonio Cunico 


3.84 


V. Cosados 


3.67 


Cirolini Senerino 


5.51 


Silvis SasseteUi 


3.53 


Jan Rojek 


4.61 



20 



CONDITIONS IN THE COAL MINES OF COLORADO. 



Name. 



I. Wojecicowski... 

K. Lapatowaki 

A. Wojecicowski. . 
August Antonelli. 

WiUiam Dow 

Celesti Gottardi... 

V, Swajka 

Manuel Martinez. . 

Pio March 

S. Saka 

John Dallapiccola. 

Joe Martinelli 

Estolo Baroni 

Alex Thorp 

Charles Boscia 

Primo Gebnini 

Charles Marsh 

Tony Boscia 

S. laa.. 

Jacob Siota 

Joe Baronesky 

John Slota 

G. Penna 

Joe Yoch 

Luigi Serafini 

Emio Gazzotti 

George Dick 

Luigi Biazi 

Gim Audretta 

Vecel Mattive 

Sid Williams 

Luigi Marihori 

R. Reed 

Angelo Daeaar 

Henry Robertson.. 
Elia Allessandrini. 

G. Antonelli 

A. H. Brown 

Ed Jumoer 

Donati Francesco. . 

Ignatz Corp 

Joe Casadoa 

E. P. Lin thi cone.. 
Harrison Boggers.. 

Steve Valko 

Jim Donahue 

Eugenio Balino 

Josef Jonotch 

Dom Passoni 

Gio Guglielmo 

Matt Rohar 

Charles March 

Joe Rohar 

J. W. Robinson 

C. Frenci 

Andro Duzenach. . . 

EliaCoselli 

Toglio Miyomota. . . 

Jim Whisenant 

John Antonelli 

Paola Castagni 

Josef Hecko 

Luigi Farenzena. . . 
Pete Rossi 



Days worked, 



26 
24 
26 
26 
22 
22 
26 
17 
23 
24 
25 
26 
25 
26 
25 
22 
24 
24 
26 
24 
26 
24 
21 
26 
23 
26 

1 

1 
25 
23 
24 
26 
22 
12 
26 
24 
24 

6 
26 
25 
21 
22 
26 

1 
24 
15 
25 
21 
24 

7 
26 
25 
25 
22 

1 
26 
22 
26 
22 
26 
26 
26 
19 
16 



Earnings. 



Average per 
day. 



178. 38 
120. 03 
178. 68 

155. 55 
76.30 

131. 11 

119.25 

45.69 

90.51 

92.10 

115. 77 
163.41 

84.30 

101. 61 

95.97 

66.15 

8L64 

86.25 

129. 87 

91.32 

105. 54 

86.85 

60.66 

169. 56 
70.38 
85.90 

3.48 
3.06 

102. 78 
70.05 
90.90 
98.31 
79.82 
37.62 

107. 31 

88.53 

139. 74 

27.75 

86.46 

75.72 

73.20 

80.82 

98.64 

6.72 

129. 19 

56. 25 

96.18 

73.59 

68.04 

18.33 

118. 14 

100. 14 

112. 95 

94.08 

3.18 

91.53 

72.96 

125. 85 

106. 02 

160. 71 

97.44 

110. 43 

70.83 

40.23 



CONDITIONS IN THE COAL MINES OF COLOKADO. 



21 



Name. 



Days worked. 



Earnings. 



Average per 
day. 



Gaicoma Pedrini. . . 
William McGarvey. 

Gio Vanotti 

Anton Fedreizzi 

Andrew Argiletti. . . 

Gio Cassagranda 

Owen Duffy 

Tony Bendetto 

Dom Vellotti 

Liiigi Bertoldi 

S. Matsiinago 

Pedro Cord oval 

Luigi Damonte .... 
Angelo Mariomon. . 
Clarence Cordova. . . 

J. E. Bamber 

Angelo Tech 

Candido Andreatta. 

S. Nowok 

Joe Garcia 

H. Hopson 

Ys Valdez 

Gui Menegatti 

Anton Casera 

James Hall 

Leon Garcia 

W. Davenport 

Pina Serafini 

Ben Williams 

Gortese Pellegimio.. 
Gottardi Farenzena. 

Pietro Toaai 

Anast Martinez 

C. Fedrizzi 

S . Gakara 

T. Hashie 

P.J. Smith 

Mike Ritzus 

Luis Unterainer 

Gui Zancanella 

H. Mihari 

Bartolimo Colo 

John Durnack 

Teodor Durnack 

G. Amai 

Y. Yama 

Paul Hecko, sr 

Paul Hecko, jr 

Joe Salazar 

Eavaristo Fedrizzi.. 



17 
20 
13 
26 
14 
25 
26 
25 
25 
26 
10 
23 
25 
23 
25 
26 
26 
25 
26 
16 
19 
19 
24 
26 
18 
16 
19 

25 
16 

22 

23 

24 

24 

25 

25 

24 

26 

26 

26 

26 

26 

25 

25 

25 

23 

23 

26 

26 

25 

25 



52.53 

79.83 

44.04 

113.04 

44.82 

123. 32 
93.84 

116. 33 

112. 43 
97.65 
36.39 
86.04 
86.28 
78. 48 
9L25 

152. 25 
125. 28 
121. 83 

113. 85 
53.88 
57.90 
72.36 

103. 31 

104. 43 
55.81 
69.16 
63.94 

143. 63 
5L45 
127. 43 
141. 12 
127. 54 
84.78 
154. 86 

149. 64 
130. 68 
141. 96 
169. 95 

132. 25 

133. 25 

152. 76 
149. 15 
115. 26 
120. 63 

153. 24 
147. 42 

150. 51 
152. 67 
141. 96 
167. 52 



3.09 
3.99 
3.28 
4.34 
3.20 
4.93 
3.60 
4.65 
4.49 



3.04 

3.80 

4.30 

4.01 

3.10 

4.32 

3.36 

5.74 

3.21 

79 

13 

31 

53 

19 

98 

44 

46 



6.53 



12 

12 

87 

96 

61 

82 

6.66 

6.41 

5.78 

5.87 

5.67 

6.70 



The accuracy of this statement was estabhshed by an auditing 
committee, appointed by the governor, and it is within the possi- 
bility of every miner who wants to work in the southern coal fields 
to dupUcate these earnings. 

SETTLEMENT. 

From many interrogatories propounded by members of the com- 
mittee, as well as various remarks made by them, it is evident that 
this honorable committee has sought earnestly for a method or plan 



22 CONDITIONS IN THE COAL MINES OE COLORADO. 

by which this strike might be settled and brought to an end. A 
careful perusal of this record will disclose that the operators have 
done all in their power to bring this strike to an end, except make a 
complete surrender. It is evident also from the same record, that 
the strikers will not in any way compromise, arbitrate, or adjust this 
strike, except upon a plan which will embody a recognition of and 
contract with the United Mine Workers of America, and that recog- 
nition means a surrender to that organization. (Rec, p. 2930.) 
This it can not be expected the mine operators will do, and evidently 
from the conduct of the strike leaders they will not recede from their 
demand so long as financial contributions continue to flow into their 
coffers. It is this ill-advised financial aid coming from a deluded 
working public (as well as from a large number of nonunion people 
made delirious through overwrought sympathy awakened by exagger- 
ated reports of alleged cruelties suffered by the strikers, but which 
investigation proves they willfully provoked) , which is keeping ahve 
this uncalled-ior yet cruelly destructive warfare. 

In proof of the efforts of the mine operators to terminate this war- 
fare, we have but to refer to the correspondence between Gov. Am- 
mons and the mine operators, which follows : 

Denver, November 5, 1913. 
Hon. Elias M. Ammons, 

Governor of Colorado, Capitol Building, Denver, Polo. 

Sir: Referring to our conferences with you on Monday, October 27, 19.13, and com- 
plying with your suggestion, we agree that we and our companies mil faithfully 
observe the statutes of the State with relation to coal mining, and do everything in our 
power to see that they are fairly and definitely enforced. We refer ])articularly to the 
following statutes mentioned by you: 

1. Section 3925 Revised Statutes of 1908, with reference to the right of the men to 
organize and belong to unions. 

^. The coal-mining act of 1913, section 113 of which provides for the employment of 
check weighmen. 

3. Section 6989, Revised Statutes of 1908, making it unlawful to use or employ, 
directly or indirectly, the so-called " truck " or " scrip " system in the payment of men. 

4. Chapter 95 of the session laws of 1913, regulating and limiting the hours of em- 
ployment in all underground mines to 8 hours within any 24 hours. 

" In addition to the foregoing, we agree that all our employees shall have the absolute 
right, without coercion of any character, to trade at such stores or other places as they 
see fit, and they shall be left absolutely free to buy whatsoever they desire whereso- 
ever they will; that all men shall have a semimonthly pay day, in accordance with the 
practice which now prevails substantially throughout the State; that all employees 
who have suspended work or gone on strike shall be given employment, except where 
their places have been filled and where they have been guilty of violence or other un- 
lawful acts. 

"While we insisted in our interview with you that we had always been governed 
in the operation of our mines by the laws of the State, we wish now to confirm the 
verbal assurance we gave you in that regard, and renew oiu" request that you enforce 
fully and fairly the statutes referred to. 

"We further wish to assure you that it is our intention to continue to operate our 
mines on the open-shop principle, under which most of the mines of Colorado have been 
operated for more than 30 years." 
Respectfully, 

J. F. Welborn, 
President the Colorado Fuel dc Iron Co. 

D. W. Brown, 
Vice-President Pocky Mountain Fuel Co. 
S. M. Perry, 
President the Ley den Coal Co., the Moffat Coal Co. 
J. C. Osgood, 
Chairman Board of Directors Victor- American Fuel Co. 



CONDITIONS IN THE COAL MINES OF COLORADO. 23 

From the foregoing it will be seen that the final and published demands of the 
United Mine AVorkers of America were fully met before they were made. There is 
nothing to settle, and no reason for a oontinuance of the strike. 

We invite our former employees now on strike and who have not been guilty of yio- 
lence or other luilawful acts to return to work, and we urge the people of the State to 
insist upon the maintenance of law and order o,nd the protection of every man who 
desires to work, whether previously employed or not. 

J. F. Welborx. 

D. W. Brown. 

J. C. Osgood. 

The following is the correspondence between the Editors' Associa- 
tion and the operators (Rec, pp. 2539-2544): 

How Colorado Editors View the Coal Stijike in This State. 

On September 23 the coal miners of southern Colorado went on strike. The next 
few weeks were marked by unusual acts of violence, which caused Gov. Ammons to 
call out the troops. ■ 

Thursday, November 13. editors representing 25 of the leading papers of Colorado 
met in Denver for the purpose of learning all the facts possible in connection with the 
strike. 

Gov. E. M. Ammons told why he called out the troops and what he proposes to do 
through their operations. 

Ford Cornwall, Thomas Dennison, and A. Lamont, three men on strike, were se- 
lected by the strike leaders and told why they struck and what they are demanding. 

John C. Osgood, president of one of the large companies, gave the operators' side 
of the controversy, and John AlcT^ennan, president of District No, 15, United Mine 
Workers of America, told why that organization called the strike. 

The six addresses occupied six hours. Every speaker was given unlimited time 
and no interruptions allowed. 

Following the addresses the editors went into executive session and adopted the 
following resolutions with three dissenting votes: 

To the people and the press of Colorado, to the coal-mine owners, and to the coal miners of 

this State: 

For the past two months a strike has existed in the coal-mining industry of Colo- 
rado. As a direct result of this strike human lives have been sacrificed, many thou- 
sands of laboring men thrown out of employment, property destroyed, business con- 
ditions have become depressed, the price of coal has been advanced, the reputation 
and credit of the State at home and abroad is being impaired, and the public at large 
is being made to suffer beyond accurate calculation. The unfortunate conditions are 
not in harmony wdth the peace, prosperity, and general welfare that is supposed to 
be guaranteed to all men and to all institutions alike under the constitution of this 
State and of the United States. 

For the purpose, therefore, of trying to arrive at a method of assisting in terminating 
this industrial conflict between the miners and the mine owners in a manner which 
will be in accordance with the laws of Colorado enacted to regulate the coal mining 
industry, the newspapers of Colorado represented, acting on behalf of the general 
public have met in Denver, and after hearing the arguments and statements of rep- 
resentatives of the coal mine owners, of the coal miners, and of the United Mine 
Workers of Ameiica, and a statement from the governor of this State, and having 
given extensive consideration to each and every one of these statements, and having 
weighed their effect fully and carefully, the newspapers represented have agreed 
upon a general and a united policy of action, to be recommended to the press of Colo- 
rado, with reference to the termination of this strike, based upon the authority of the 
existing State laws. 

Before stating our conclusions, we desire first to state the cause of the strike, viz, 
the demands made by the miners upon the coal mine owners of Colorado, which are 
as follows: 

The demands of the miners: 

First. We demand recognition of the union. 

Second. We demand a 10 per cent advance in wages on the tonnage rates and the 
follov.-ing day-wage scale, which is practically in accord with the Wyoming day-wage 
scale. 

Third. We demand an eight-hour workday for all classes of labor in or around the 
coal mines and at coke ovens. 

Fourth. We demand pay for all narrow work and dead work, which includes brush- 
ing, timbering, removing falls, handling impurities, etc. 



24 CONDITIONS IN THE COAL MINES OF COLORADO. 

Fifth. We demand check weighmen at all mines, to be elected by the miners without 
any interference by company officials in said election. 

Sixth. We demand the right to trade in any store we please and the right to choose 
our own boarding place and our own doctor. 

Seventh. We demand the enforcement of the Colorado mining laws and the abolition 
of the notorious and criminal guard system which has prevailed in the mining camps 
of Colorado for many years. 

First demand. Recognition of the union. 

With reference to the first demand we submit the following facts and conclusions: 

The question of the official recognition of any labor organization or labor union by 
any employer or employers of labor is a question not reached or controlled by law, 
but must be mutually desired by both employer and employee to become a recognized 
reality. In other words, if employers do not desire to recognize a labor union as 
an organization in the employment of members of that union, there is no law upon 
the statute books which can or will compel them to do so. 

We have come to the conclusion, therefore, that the first demand made by the 
miners is not one which can be arbitrated by any body of mediators, for the reason 
that, as stated above, it must be a matter mutually desired and agreed to by employer 
and employee. However, so long as individual workmen in the employ of coal- 
mine owners desire to belong to a union they have a perfect right to do so. This 
right is guaranteed them by the laws of the State, and therefore this first demand 
for official recognition of the United Miner Workers of America, as such, should not 
be further pressed by the members of that organization in accepting a declaration 
on which this strike should now be terminated. However, the right of the miners 
to belong to a union under the authority of the State of Colorado should be recognized 
and upheld and should not be objected to by any employer of labor. 

Second demand. A wage increase of 10 per cent. 

Fourth -demand. Additional pay for additional and varied work. 

In our judgment these two demands should be merged into a single demand, espe- 
cially as both the second and fourth demands contemplate a higher net income in 
wages for the miners, and our conclusion is, therefore, that these demands should be 
consolidated and considered under one general proposition. 

With reference to this general wage demand, therefore, our conclusions are as follows: 

The amount of money a miner can earn depends on the amount of work he can or 
is willing to perform. In a published advertisement over the name of the United 
Mine Workers of America which recently appeared in the Denver newspapers, a 
statement was made to the effect that all the miners wanted was "a living wage and 
the enforcement of the laws affecting the coal-mining industry." 

The question very properly arises, therefore, as to what should be considered a 
living wage. 

The average wage earned by the individual coal miners working in all parts of 
Colorado, as published in the advertisements of the coal-mine owners, we find to 
be approximately |4 per day, practically $105 per month, and working eight hours a 
day or less if they choose. This is said to include the wages earned by good, bad, 
and indifferent miners. The wages of some miners is said to run as low as $2.25 per 
day, while other miners individually earn over S7 per day. 

A comparison of the average coal m.iner's wage for the entire State of §4 per day, 
with the wages earned by other classes of laboring men in Colorado who are equally 
skilled with a coal miner, shows that if the average wages of all coal miners in Colorado 
is $105 per month, they are now being paid, in our belief, what has been referred to 
as a living wage; in fact, that they are already being paid a wage entirely in keeping 
with the wages paid for other classes of labor in Colorado. 

Therefore, taking the miners at their published word, we believe that their original 
demand for a 10 per cent increase over the present Colorado scale, and which as later 
modified in their advertisements to a demand for living wages, has already been met 
by the payment of the existing scale of wages for mining coal in this State, and which 
is higher in the net wages earned than in any other State. Therefore, this, the second 
and fourth demand upon the part of the United Mine Workers of America for living 
wages is now being given the miners by the coal mine owners. 

Third demand . An eight-hour day for all classes of labor in and around the coal mines 
and at coke ovens. 

This third demand is one which is guaranteed to miners employed in underground 
mines by the laws of Colorado. If the laws of this State have been disregarded in the 
employment of labor in the coal mining industry, it is the duty of the governor to 
enforce this law, and in this he should be heartily supported. 

Therefore, our conclusion with reference to the third demand on the part of the 
miners employed in underground mines is that it should be guaranteed to them in 
accordance with the laws of this State. 



CONDITIONS IN THE COAT. MINES OF COLORADO. 25 

Fifth demand. Check weighman at all times. 

This, the fifth demand, is another to which the miners are clearly entitled, and which 
is guaranteed to them under the law. If this law has not been enforced, or if the miners 
have not taken advantage of their rights under it, it is the duty of the governor of 
Colorado to guarantee the enforcement of this law. 

Sixth demand. The right to trade at any store. 

This sixth demand, also, may or may not have been accorded the miners by the 
mine owners. It is a demand, however, which should be guaranteed to them, for the 
reason that the laws of Colorado provide that no coercion shall be practiced by any 
coal mine owner against any miner in the buying of his household supplies. There- 
fore, this sixth demand should also be guaranteed to the miners under the provision 
of the laws relating thereto. 

Seventh demand. General enforcement of Colorado mining laws; abolition of guard 
system. 

This seventh and last demand upon the part of the miners is not open to discussion, 
80 far as that portion of it which relates to a general enforcement of the Colorado mining 
laws is concerned; for, without question, the miners are entitled to receive the full 
benefit guaranteed to them under the mining laws of this State. 

So far as the employment of police or mine guards is concerned, this practice dur- 
ing periods of peace is maintained solely as a matter of police protection against 
ordinary disturbances and against possible damages to property in times of petty 
brawls which are of ordinary occurrence in many mining camps; and so long as these 
guards or police are maintained upon a company property for the purpose of preserv- 
ing the peace and to protect that property, there is no good or legal reason for their 
Temoval. With the exception of this portion of the last demand of the miners, our 
conclusion is that the seventh demand, for general enforcement of the mining lawa 
of Colorado, is clearly right, and should also be guaranteed to the miners by the full 
power of the laws of thisState. 

Therefore, after mature and careful consideration of all the factors in connection 
with this strike, we hereby make the following declaration: 

That the strike which has prevailed in the coal mining industry in Colorado should be 
called off under the folloiving terms and conditions, viz: 

First. That the miners should waive their first demand, which is for a recognition 
of the union, on the ground that the recognition of any union must necessarily be a 
matter of mutual agreement and not of coercion, and not being covered by any law; 
and for the additional reason that the laws of Colorado guarantee to every miner the 
right to belong individually to any labor organization without prejudice or discrimi- 
nation on the part of any employer of labor. 

Second. That the miners should waive their second and fourth demands for an 
increase in wages, not only for the reason that the wages now paid to coal miners in 
this State are larger than in most other States, and are as large as paid in most other 
lines of industry in Colorado, but also for the reason that the modified demands of the 
miners, as published in the newspapers, asking for living wages, are, in our opinion, 
already met, being paid to them in cash, twice a month, by the coal-mine owners. 

Third. That the miners are entitled to have granted their demands, in accordance 
with the laws relating thereto, designated as follows: 

Third demand. For an eight-hour work day in all coal mines. 

Fifth demand. For a checkweighman in all mines where they ask, to be selected 
from among the miners by the miners, to be paid by them, and without interference 
upon the part of the operat rs. 

Sixth demand. The right to trade at any store. 

Seventh demand. The demand for the enforcement of all laws relating to the coal- 
mining industry. 

Also, that all competent striking miners who have not been guilty of violation of the 
law while on strike should be taken back by the coal-mine owners without prejudice. 

Also, that any coal-mine owner has a legal right to employ any person or persons 
without interference or threats upon the part of any other person or organizations, as 
provided by law. 

Also, that we declare it to be the duty of the governor of this State to compel the 
enforcement of the State mining laws, to which we pledge our earnest support and 
cooperation; and that, to obtain for the miners every right to which they are entitled 
under the law, the rigid enforcement of the State laws is alone necessary. 

We commend Gov. Ammons for sending troops into one disturbed district of the 
State, and express our full confidence in the integrity of his purposes respecting the 
unfortunate industrial strife that exists there. However, we believe the troops should 
be adequate in number to become sole protectors of life and property in sections of the 
State where such strife exists or is threatened, and that the National Guard should be 
recruited to meet conditions as they may arise. That it is our opinion that until such 



26 CONDITIONS IN THE COAL MINES OE COLORADO. 

time as the National Guard may safely be withdrawn from the affected districts and 
law and order restored that all offenses and ^^.olations of law pertaining to the sizike 
should be immediately tried before military courts. 

We further request the governor to take such action as will prevent the importation 
of firearms into this State by any indi\-idual or any organization, because we believe 
that no one has a right to bear arms here except those legally authorized to do so 
under the laws of the State of Colorado . 

Thus it will be seen that we have found in favor of the miners in four of the six 
general demands they have made and have recognized their right to work as imion. 

That in declining to side with the miners in the other two demands as stated, we 
have concluded that the miners are already recei^^.ng living wages; and have, at the 
same time, found for the miners in their first demand, by insisting that one of the 
conditions under which this strike is to be called off is that all competent miners shall 
have guaranteed to them under the proAisions of the laws of the State the right to 
belong to any organization without prejudice or discrimination on the part of any 
employer, which means their right to work as imion miners on the open-shop plan. 

Therefore, in the interest of the miners, of the coal owners, and of the general 
public, we hereby declare that this strike should be called off under the conditions 
stated above, in order to insure the future development of the coal-mining industry 
of Colorado and the peace and prosperity of its people. 

In the carrying out of this policy by the governor of this State, we pledge the sup- 
port of the editors and papers here represented and ask for the cooperation of all our 
fellow editors in Colorado, who could not conveniently come to this conference, in 
support of such policy. 

Also, that a copy of this declaration be furnished to the officials of the United Mine 
Workers of America, a copy to the coal-mine owners, a copy to the governor of Colorado, 
and that copies be sent to the press of this State for the pm'pose of adAising the people 
concerning what we believe to be a just and fair declaration under the terms of which 
this strike should now be immediately called off and industrial peace restored, and 
that we pledge ourselves to support his declaration, based on law enforcement, in the 
editorial columns of our newspapers. 

John C. Shaffer, of The Rocl-y Mountain News. 
Frank S. Hoag, of the Star Journal. 
H. E. BowDEN, of the Trinidad Advertiser. 
L. C. Paddock, of the Boulder Camera. 
Fred ^Marvin, of the Pueblo Chieftain. 



Coal Operators Accept Editors' Proposition. 

Denver, Colo., November 14, 1913. 
Messrs. John C. Shaffer, Frank S. Hoag, 

H. E. BowDEN, L. C. Paddock, Fred Marvin, 

Denver, Colo. 
Gentlemen: The undersigned, coal-mine operators, are in receipt of a copy of the 
proceedings of the conference of editors, held in Denver, Thursday, November 13. 
In this statement you specify the conditions suggested by the editors under which the 
coal miners' strike in Colorado should be terminated. We agree to comply fully and 
in good faith with the conditions suggested by you in said statement. 

"Vdien the operators receive the protection from the ci^il authorities for the men 
who desire to work and for their properties to which they are entitled, are not inter- 
fered with in employing men to take the places of those who are now on strike and who 
left before the strike was called, and are enabled to operate their mines under normal 
conditions to normal capacity, on the open-shop principle, which has prevailed in 
Colorado for more than 30 years, we will put into effect the scale of prices for coal 
heretofore prevailing. 
Sincerely, 

J. F. Welborn, 
President Colorado Fuel & Iron Co. 
D. W. Brown, 
Vice President Rocky Mountain Fuel Co. 
J. C. Osgood, 
Chairman Board of Directors, The Victor- American Fuel Co. 

F. B. Lewis, 
President OaMale Coal Co., South Canon Coal Co. 
F. A. Perry, 
Leyden Coal Co., Moffatt Coal Co. 



CONDITIONS IN THE COAL MINES OF COLORADO. 27 

If the strikers are as earnest in their wish to settle the strike as 
they are active in the circuhition of stories of sensational episodes, 
the difficulty could not continue for even a brief period longer. 

But it is a question if the day of possible settlement has not now 
forever passed. There are about 10,000 min.ers now at work in the 
coal fields of Colorado. There are probably from 1,500 to 2,000 on 
the strike. Those on the strike, together with their confederates, some 
of whom, for purposes of violence have come from States adjacent 
to Colorado, have so often attacked and fired upon the miners now 
working in the coal fields that it is impossible to put those two war- 
ring elements to work in the same mines. If tne striking miners 
are to be returned to work, those now working must necessarily 
leave the mines. They fear that the striking miners, should they 
be inducted into the mines with them, will watch their opportunity 
to assassinate them or catch them in some serious mine disaster. 
It has been reported to them that such threats have been made and 
they believe tliey would be carried out. To show the feeling that 
exists between the parties and how disastrous it would be to attempt 
to put them working side by side, we have but to advert to some of 
the recent battles that have occurred between the striking miners 
and the miners at work. In the recent attacks on the Walsen and 
Robinson mines, which were defended by only a small number of 
guards, the miners as they came out of the mines asked the privilege 
of taking rifles and defending themselves. This privilege was ac- 
corded, and the thing that saved those mines from capture and 
destruction was the defense given by the laborers in the mine. 

The Ludlow battle and events immediately following, in connec- 
tion with the distorted use made of them through the publicity 
department of the miners' organization, demonstrate their lack of 
sincerity, and ought, when known, to destroy the confidence of the 
public, and those whose sympathy has gone out to them, in the rep- 
resentations of their leaders. Confessedly, as shown by all of the 
investigations that have been made, the affair at LudloAV on the 20th 
of April last was started by the strikers. The militia, being attacked, 
and being in small numbers, were forced to defend themselves or 
submit to nnnihilation. It is not disputed that the strikers began 
the shooting. During the battle that ensued some of the strikers 
were killed. Women and children whom the strikers had placed in 
caves under the tents suffocated. The fault was with the strikers, 
not with the troops, yet they — the strikers — have heralded it to the 
world as a blood-curdling atrocity, willfully, premeditatedly, and with- 
out provocaticn perpetrated by the troops of the State. And this 
self-invited disaster they magnified to obtain, and upon their exag- 
gerated reports did obtain, assistance, both in finances and in acces- 
sions of armed men from various parts of the State and from other 
States, and with the forces of armed men thus congregated pro- 
ceeded, in the days following the Ludlow casualty, to murder people 
and burn and destroy property promiscuously. Evidence of this is 
not before the committee, but the published reports of officially 
created committees corroborate the truth of this statement. 

Thus far in our statement we have confined ourselves largely to 
the counties of Huerfano and Las Animas in our narrative of depre- 
dations committed by the strikers, but other counties have not been 
free from a turbulent reign. In Fremont County, the wild reign of 



28 CONDITIONS IN THE COAL MINES OF COLORADO. 

lawlessness could scarcely be excelled. The town of the Chandler 
mine was captured by strikers, who advanced under a flag of truce, 
thus lulling the fears or the defenders, fired upon the mine and its 
inhabitants efter they had approached, thus depriving the guards 
and miners of in opportunity to prepare for defense, and after its 
former defenders were captured and deported the houses of the 
miners were looted and property stolen. 

For it all, there has not been even an apology or denial by the 
leaders of this organization which demands the right to dominate 
the coal industry of the United States. 

With this somewhat extended statement of the controversy, we 
proceed to answer the brief of opposing counsel filed herein. 

CAUSES OF THE STEIKE. 

''Mine owners' ignorance of conditions, and the lack of a sense of 
personal responsibility. ' ' 

Under the above subhead, catalogued by counsel as one of the 
€auses of the strike, our adversaries devote the first six pages of their 
brief to an arraignment of John D. Kockefeller for his lack of famil- 
iarity and comradeship with his employees. Whatever provoked 
this maudlin tirade it is difficult to imagine. The astute leaders of 
the strike, in formulating their grievances never thought to insert 
this as one of the wrongs to be righted. Probably that was left for 
a matter of future negotiation. Likely the contract which counsel 
would draw, if once their union is recognized, would contain a clause 
specifying the number of monthly visits which should be made by the 
object of their criticism, and the times when they should assemble 
around the banquet table. 

Throughout the argument on this feature the testimony of Mr. 
Hockefeller, jr., is taken in garbled, broken sentences, and quoted in 
an insinuating way, evidently with the hope of engendering ani- 
mosity against one whose wealth alone has made him the victim of 
attack by all who are socialistic or anarchistic in their mental ten- 
dencies, and to do this anything which is calculated to arouse sym- 
pathy or engender hatred is seized upon by counsel. 

For instance, on page 7 of the brief, counsel seem desirous of holding 
Mr. Rockefeller responsible for the following entry found in a coro- 
ner's docket, ^\^th which the coal companies had no more to do than 
counsel or any stranger, to wit: 

Accident, fall of rock in mine. Internal injury, pelvic region. No relatives 
and damn few friends. 

Through the industry of a member of this honorable committee the 
foregoing entry was found in a coroner's docket in Las Animas County. 
It presumably vv^as entered there in a moment of levity, which we 
confess seemed impertinent upon such an occasion, but how one, 
thousands of miles away and ignorant of the whole proceeding, 
could be criticized for that entry is beyond mental conception. 

Undoubtedly it is used, as previously suggested, purely for the 
purpose of engendering hate or arousing sympathy, and the puerile- 
ness of seizing upon an item of this character and making a misuse of 
it for the purpose intended is a striking demonstration of the hypocrisy 
and insincerity of those who adopt the plan. 



CONDITIONS IN THE COAL MINES OF COLORADO. 29 

We wonder why this was the only coroner's verdict which inter- 
ested counsel. We suggest there are others more recent and more 
touching, and which throw more light upon the present controversy 
than the one which appealed so strongly to counsel. We direct atten- 
tion to the coroner's verdict found on pages 2641-2642 of the record^ 
and part of the evidence introduced in support thereof: 

Verdict of Jury, 

State of Colorado, Huerfano CounfA/, ss; 

An inquisition holden at La Veta, in Huerfano County, State of C/Olorado, on the 
10th day of November, A. D. 1913, before W. S. Chapman, coroner of said county, 
upon the bodies of Luke Terry, W. H. Whitten, and H. F. Bryan, there lying dead, 
by the jurors whose names are hereto subscribed, said jurors upon their oaths do say: 
That the above named Luke Terry, W. H. ^\niitten, and H. F. Bryan came to their 
death from gunshot wounds causing internal hemorrhage, and that said shooting 
occurred about 3 p. m. on November 8, 1913, on the public highway near the Long- 
head Reser^ oir, said shooting being done bj'^ parties unknown to this jury, and with 
felonious and malicious intent. 

In testimony whereof, the said jurors ha\e hereunto set their hands the day and 
year aforesaid . 

S. J. Capps, 

Joe K. Kincaid, 

G. F. Estes, 

Geo. E. Coleman, 

J. E. Scott, 

G. A. Edmunds I ON, 

Jurors. 

The following is a statement of R. G. Adams, made just previous to 
his death, and constitutes a part of the evidence upon which the fore- 
going verdict was based: 

Examination by Mr. Hayden: 

Q. What is your name? — A. R. G. Adams. 

Q. How old are you? — A. Twenty-nine. 

Q. Where is your residence? — A. Arriba, Colo. 

Q. Just state what you know about this affair to-day? — A. We came into town after 
one of the miners that came to see the doctor — when he started to come back from town, 
one of the strikers stopped him; when he phoned for us to come in, we come in and 
got him down at the telephone office and started back, and when we got about a mile 
and a half out of town — we were riding along laughing and talking, when the first shot 
was fired. WTien we looked around for them there was a volley of four or five shots; 
one of them struck the chaffeur and the machine was stopped right there, and we 
jumped out of the car; we saw the shots were then coming from back of the reservoir, 
to our right; Capt. Bryan ran back maybe 15 or 20 yards back of the car and laid down, 
and I laid down next to him, and Whitten, the other man that was killed, laid down 
between me and the car. ^V^e fired at the top of the dike — about five or six shots, I 
suppose — and Whitten and I moved back to the rear of the car and tried to get a shot 
at them. I was struck in the arm, and it whirled me over on my back, and then I was 
shot through the foot; I got out my handkerchief and tried to stop the blood with a 
tourniquet; those fellows were firing right along then; then there was a kind of a 
dull thud, and the chauffeur said, "I am killed; they got me right through the heart; 
tell mother," and he slipped sidewise over in his seat. Then I was hit, and Whitten 
eays, "They've killed Adams, " and I told him I was shot through the arm — I thought 
it went through my side. Whitten says, "I've got it, too," but, he says, "It isn't 
bad, " and almost immediately I heard the captain gi-oan, and Whitten says, "They've 
killed Harry." Whitten says, "They've got me, too." The miner that was with us 
was right up against the rear wheel of the automobile, away from the firing, and he 
held up a white handkerchief, and I tried to load my gun, but I was in such pain I 
couldn't load the thing. There was possibly— for two or three minutes then there was 
about five shots fired; one of them went over me and hit at Whitten 's feet — that was 
the only one I saw strike. After about five minutes or such a matter, I was getting 
cold and I told the miner to get two overcoats out of the back seat and cover me up. 
He did, but at first he only brought one coat, and I told him that I wanted two, and 



30 CON'DITIONS IN THE COAL MINES OF COLORADO. 

lie brought tlie other, and I told him to cut away my shirt. He got a knife out of my 
pocket and cut part of the sleeve away, and then I told him to go to camp. We never 
saw a person all the time the firing was going on; I couldn't see a thing; we could just 
hear the crack. 

This graphic description of a death struggle, whispered from the 
dying hps of a commissioned officer, it would seem to us, ought to 
enchain the heart charged with pathos equally with the verdict 
quoted in counsel's brief, concerning which a badgering rain of inter- 
rogatories was unloaded upon Mr. Rockefeller when he testified 
beiore this committee; and if horrors were being sought in county 
records, it seems to us that the foregoing ought to have attracted 
the eye of the inquisitor. 

There is no dispute but that the strikers were the parties lying in 
the Longhead Reservoir who killed from ambush the persons men- 
tioned in the verdict. 

But why attack Mr. Rockefeller for his alleged lack of acquain- 
tance with the men, or lack of acquaintance with the conditions 
under which they are working. If the conditions are good, why do 
the miners care how extensively they are known or by whom they 
are known ? It is the conditions themselves which affect the miner, 
and not the pubhcity thereof. The record in this case shows no 
complaint of the houses occupied by the miners. The committee 
examined some of the mines and know the condition of the houses 
in which the miners hve. They know that, in the main part, they 
are well constructed, commodious, comfortable houses. They are 
furnished with electric hght and water, and for the water no charge 
is made save where the companies themselves have to pay for it. 
In short, the home conditions in the mining camps of Colorado are 
far better than will be found in the tenement districts of the large 
cities of the United States. On this subject Mr. Welborn testified 
as follows : 

Q. Now, taking up some of the issues that have been raised here, I will ask you 
to state the living conditions as to our coal mine operatives. — A, We have for a great 
many years given a great deal of attention to the liv^ing conditions of our workmen, 
improving them where we could and as we could, and I am very sure that the livin-^ 
conditions in all of our coal mining camps will compare favorably with such condi- 
tions in towns of similar size in agricultural districts. 

By Mr. Austin: 

Q. How do they compare with other mining camps in other States? — A. I am sure 
they are far above the average in other States. I doubt if there is any State in which 
the living conditions of its coal miners are in any sense superior to those of cur camps. 

Q. Do you include West Virginia in that list? — A. That statement is based on 
reports brought to me mainly by people better acquainted with coal mining condi- 
tions elsewhere than I am. 

A member of the committee: 

Right in that connection I will ask you who was president of the Colorado Fuel & 
Iron Co. before you were? — A. Immediately preceding me, Mr. F. J. Hearne, for about 
three years and a half. 

Q. Did Mr. F. J. Hearne go through the strike of 1903 and 1904 — ^was he president 
during that strike? — A. Yes; he was. The strike was called soon after he took office. 

Acting Chairman Byrnes. I want to ask you this: Speaking of the conditions, the 
company owns the homes in which the operatives live? — A. Yes; the company does, 
almost without exception. 

Acting' Chairman Byrnes. Almost without exception? — A. Yes; except where men 
are located in communities established before the mine. 

Acting Chairman Byrnes. Have you ever offered the operatives the opportunity 
of purchasing their own homes? — A. No; we never have. 



CONDITIONS IN THE COAL MINES OF COLOEADO. 31 

Q. He was a West Virijinian, was he not? — A. I think so. I want to say as to the 
towns, to qualify that statement as to the general living conditions, that we have 
built our own houses, that the houses are made of concrete blocks, three cr four or 
six room houses, and we rent them to the miners at the uniform rate of $2 per room 
per month. We furnish light, where we have electric light, at 40 cents per light 
per month. 

Q. Unlimited service? — A. Unlimited service, frequently the light burning at this 
time of day or midday. Water, except at two of our properties, is furnished ftee. 
that is, by' that I mean where we are able to develop satisfactory domestic water in 
the mine, as is frequently the case, it is brought out to convenient hydrants and there 
is delivered to the men 'free. At the Frederick and Segundo camps, the first one a 
coal mine and the second one a plant or coke oven, we buy water from the city, tap- 
ping its line, which passes through these camps, and sell the water to the employees 
there at 25 cents per room per month. 

But even were it otherwise there is no reason why a minority 
stockholder should be attacked as the sole offending party. Even the 
Colorado Fuel & Iron Co., in which Mr. Rockefeller is a minority 
holder, does not produce a majority of the coal in Colorado, and the 
proportion of the coal produced by that company, notwithstanding its 
constant growth, is gradually growing less in the State. This result, 
of course, is b}'' reason of the growth of other companies and individual 
producers. There was introduced in evidence a tabulated statement 
showing the comparative production of the principal operators of 
Colorado. For some reason, we presume through oversight, this 
statement does not seem to have been published in the record in this 
proceeding, for which reason we take tne liberty to insert it here; and 
rrom this it will appear that, while the Colorado Fuel & Iron Co., in 
1898 produced 61.31 per cent of the coal of the State, in 1913 it 
produced only 32.63 per cent. If the Rockefeller interest in the 
Colorado Fuel & Iron Co. is 40 per cent, his percentage of the State 
product is a fraction over 13 per cent, of which 40 per cent is used in 
the steel works, the plant belonging to the Colorado Fuel & Iron Co. 
Hence, it appears that, of the coal which goes into the competitive 
market, Mr. Rockefeller, by reason of his percentage of ownership in 
the company, is responsible for less than 8 per cent of the State's 
product. 

Mr. J. C. Osgood, as appears from the record, is the owner of practi- 
cally all, if not all, of the Vic tor- American Fuel Co. This company 
produces 12.45 per cent of the State's product, all of which goes into 
the competitive market. So that he, probably the oldest coal operator 
in the State, is individually responsible for a larger percentage of the 
coal entering the competitive market than is Mr. Rockefeller. But 
for all of the imaginary ills of the miuers of the State, counsel seek to 
make Mr. Rockefeller responsible for 100 per cent. Yet it appears 
that Mr. Osgood is one of the most active parties in formulating the 
policy of the operators in the present strike; and those who know that 
gentleman's character, and who heard him testify from the witness 
stand, or who read his testimony, can not be led to believe that Mr. 
Rockefeller or any other individual shapes his line of thought or 
dictates what he shall do in his association with the United Mine 
Workers of America. Moreover, no one could accuse him of not being 
thoroughly familiar with all the conditions which obtain in the mines 
of Colorado and as they have changed from the inception of the mining 
industry in the State.' 



32 



CONDITIOXS IX THE COAL MINES OF COLOEADO. 






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34 COXDITIOXS IX THE COAL MIXES OF COLORADO. 

There was no criticism of Mr. Rockefeller a few years ago when his 
Biillions came into Colorado to reheve some of our industries from 
depression. Why not measure by the same yardstick now? We 
are told that the pay roll of the company in wiiich he is inter^ted is 
now about $10,000,000 annually. (Rec., p. 4S9. * Is he to be con- 
demned because he has confidence in the citizens of Colorado and in 
her resources ? He tells us in his testimony that he has great confi- 
dence in the integiity and ability of Mr. Welborn and Mi\ Bowei"S 
and for this he is condemned by counsel. Why shouldn't he have ; and 
why shouldn't he leave the administration of the affairs of this com- 
. pany to these men, one of whom knows the company from its infancy, 
who grew up with, it, and knows its capacity, its burdens, and its 
necessities ? Mr. Welborn, hke hundreds of othei-s. began work for 
a corporation in order to obtain the wherewith to meet the necessities 
of hfe. Through interest in his work and pride of accomplishment, 
he became a factor, and the factor grew in value to the institution. 
Fidehty to his employer has brought its reward, and the investoi^ 
in the institution appreciate the confidence lodged, just as they woidd 
and should in any faithful servant. But fidehty to an employer is 
the tiling that our adversaries here detest and inveigh against. 

But under this same head of causes for the strike, counsel sets forth 
the real reason and the one which rings true and clear throughout the 
argument and has grown to the most prominent place in this war, 
namely: 

KECOGNITIOX OF THE UXIOX. 

On page 11, we find this statement : 

There being an absence in modem indnstrj^ of that x>ersonal relationship which 
could formerly exist between employer and employee, and which resulted in corela- 
tive responsiblities, and there being now a system in which impersonal capital regards 
impersonal labor simply from the business point of view, there must be an orgamza- 
tion of labor in order that labor may meet capital somewhere near wpon equal terms, 
just as formerly the personal employee met the personal employer more nearly upon 
an equality, and the union, therefore^ should be encouraged r(kh€r than discouraged and 
foijught. (Italics are ours. » 

If more confidence and mutuality of interest were inculcated, there 
would be no necessity for the existence of warlike unions. 

FEfDALISM. 

We assume counsel charge the operatore with maintaining a ^'sys- 
tem of feudahsm" because that term seems to carry something ter- 
rible in its meaning. In this counsel is right. There is a system of 
feudafism in the mining district now. It is not maintainecl by the 
operators, however, but by the strikers and their leaders, and it is 
not the kind of feudahsm which counsel had in mind when using the 
term. 

Feudalism, as it at one time existed in Great Britain, was of military 
origin and implied a fidelity and service from an mferior to a superior 
in retiu"n for the favor extended by the superior. It is not the legal 
definition of feudalism which obtains in Colorado, but the lexicog- 
rapher's definition of the other kind of feudalism: 

A contention or quarrel; especially inveterate strife between fa m ilies, clans, or 
parties in estate; dmdly hatrtd; contentions satisfied only by bloodshed. (Webster's 
Dictionar>\) 



CONDITIONS IN THE COAL MINES OF COLORADO. 35 

The strikers and theii* loaders, as shown by the evidence in this 
cause, have brought themselves clearly within the foregoing definition. 

Counsel, however, leave a wi*ong impression, when they tell us, 
under tliis head, on page 12: 

In such towns poll taxes are collected by what the overlord operators have been 
wont to consider the obnoxious check-off system. 

We presume counsel deshe to leave the impression by this statement 
that the poll tax is collected for the benefit of the town. Such is not 
the case. The poll tax referred to is collected for the benefit of the 
State and is a tax levied by operation of law on every male inhabitant 
over the age of 21 years, with certain exemptions therefrom. (Sec. 
4457, Rev. Stats., 1908.) As can be readily understood, it is very 
difficult to collect this poll tax from a floating population, and the 
officers of the county whose duty it is to collect the tax have re- 
quested the employers to deduct this tax from the wages of the 
employees. No honest man can object to the payment of this tax 
or to having it deducted from his wages. 

As to tlie existence of towns on the companies' property, com- 
plained of by counsel, the only response is, they are a necessity. It 
should be understood that the country where the mines are now being 
operated was in the main a barren and uninhabited country until a 
mine was started in that particular neighborhood. When a mine is 
opened, people go there to work in it. Their congregating in one 
place makes a town. Now, what would counsel require ? Would it 
exact of the company a division of the land among its employees ? 
Certamly very few miners would invest their money in town lots and 
build homes, for the simple reason that the home would be a non- 
producing burden on their hands v/hen the coal in that locality is 
exliausted. Besides, experience has shown that miners, as a rule, 
prtfer to be free to 2:0 from place to place as their inclination may 
suggest or opportunities become inviting. 

DISREGARD OF RIGHTS OF SOCIETY. 

None appreciate more fully than we the interest which society has 
in the continued operation of all its large industries, and we realize 
that society has a right to demand that its enterprises shall proceed 
with as little friction and such fairness to all parties engaged as it is 
possible for human agencies to provide. But that does not imply by 
any means that the party whose money is invested is utterly without 
right or privilege to have something to say in the management of his 
own affairs. If society — that is, the State — is to bo the exclusive 
dictator as to the methods and policies of business, it should stand 
ready to reheve the investor in his hour of distress growing out of 
either reverses in business, depression in commercial circles, or any 
difficulty, including labor troubles, which impede or jeopardize his 
investment. 

It comes with rather ill grace from an organization such as our 
adversaries here, to clamor for the rights of society, when it so 
systematically ignores the rights of the community in which it exists, 
and so nonchalantly overrides the law, and attempts and demands 
the right to substitute therefor regulations of its own. 

It is shown by the evidence in this case that the striking miners 
when called out, in so far as they did not leave the State and go else- 



36 COXDITIOXS IX THE COAL MIXES OF COLORADO. 

where, congregated in colonies referred to in the evidence here as 
tent colonies, and after so congregating, they set up little govern- 
ments of their own. They have their own peace officers, who stand 
guard with rifles in then- hands. VThen infractions of their rules 
occur among the inhabitants of their colonies, they proceed to punish 
them according to their own methods for such infractions. It will 
be recalled that one man testified that he was charged with stealing 
some lumber while in one of the tent colonies, and was fined by the 
man in charge of the colony. This alleged ofl'ense was not reported 
to the civil authorities. (Eec, p. 2142.) This is a potent illustra- 
tion of the dissatisfatcion of these people with the laws and institu- 
tions of our country, and their intention to make rules and regulations 
of their own liking for the government of themselves and surround- 
ings. Such conduct is revolutionary, pure and simple. 

DENIAL BY OPEEATOES TO THEIE EMPLOYEE^ OF THE EIGHT TO OEGAX- 
IZE AXD BAEGAIX COLLECTIVELY. 

This right has never been denied, and there is no testimony that 
we recall of any specific instance in which any operator has denied 
to an employee the right to join a labor organization. There have 
been charges based upon rumors of what the witness claimed to have 
heard to that effect, but they relate no specific instance. 

It would be. however, clearly within the right of the operators to 
refuse their employees the right to join the United Mine Workers of 
America. We have a statute m Colorado forbidding the coercion of 
employees to prevent their joining lawful labor unions. The statute 
reads as follows (sec. 3925, Rev. Stats., 1908) : 

That it shall be imla^vful for any indi^-idual. company, or corporation, or any 
member of any firm, or agent, officer, or employee of any company or corporation, to 
prevent employees from forming, joining, or belonging to any lawful labor organiza- 
tion, union, society, or political party, or to coerce or attempt to coerce employees 
by discharging or threatening to discharge them from their employ or the employ of 
any firm, company, or corporation, because of their connection with such lawful labor 
organization, union, society, or political party. 

There is a provision of the statute to the effect — 

That this act shall not be so construed as to permit two or more persons, by threats 
of either bodily or financial injur.-, or by any display of force, to prevent or intimidate 
any other person from continuing in such emplo^Tuent as he may see fit. or to boycott 
or intimidate any employer of labor. 

As hereinbefore shown, the United ^line Workers of America has 
been judicially determined to be an unlawful organization — unlawful 
by the very terms and conditions of its constitution and the piu-poses 
for which it is organized. Such being the case, it has no right to here 
complain that it is not recognized. Besides, its conduct since the 
calfing of this strike has been in plain violation of the provisions of 
our State statute last above quoted. 

This committee well knows^ from the evidence here that up to the 
advent of the State mihtia in the field practically every tent colony 
was an armed garrison, past which laborers could not go in safety to 
and from their work. 

It is confessedly the intention of the organization, if a contract is 
signed with it, to prohibit any except members of its organization from 
working in the mines. That act itself is unlawful and in violation of 



CONDITIONS IN THE COAL MINES OF COLORADO. 37 

the constitutional rights of ovory man who desires to work in the coal 
mines. No matter how humble the citizen, if he wishes to work in 
the coal mines it is his right to do so, and to demand that ho join any 
particular union as a condition to that right is an unlawful demand 
and a restriction of his liberty. 

All but a very few of the operators of Colorado are committed to 
the open-shop system. A recognition of the United Mine Workers of 
America, with its check-off system, closes all the mines of Colorado to 
all workmen who do not become members of that organization. Much 
has been said in the Colorado controversy as to three parties con- 
cerned, namely: (1) the strikers, (2) the operators, (3) the public; 
but very little has been said as to the fourth party to the controversy, 
namely, those who remained at work and those who have gone to 
work in the mines. Independent of the stand that the operators have 
taken, that they have a right to insist on the open shop,, the record in 
this case shows such an obligation to those who remained at work 
and those who have entered their employ since the strike. Before the 
strike was called the operators announced that their mines would be 
run on the open-shop system, and assured protection to all miners 
who desired to remain at work. Since the strike was called this pol- 
icy has been repeatedly announced, and many men have gone to work 
with such assurances. All who remained at work and all who have 
gone to work have continued their work under dangerous conditions as 
to personal safety, which is a test of their conviction as to the principle 
involved. In this connection it is useless to discuss the number of 
men who went in and the number of men v/ho remained in, but if 
there be any who desire to work without affiliating themselves with 
the United Mine Workers of America, then their right to work should 
be protected independent of whether they are in the majority or in the 
minority. All government is constituted o protect the minority 
against the sudden whim or caprice of tho majority. There is a prin- 
ciple involved in this question, and it is fortunate that there are men 
w^ho are willing to fight for this principle. 

Attempts have been made reoeat3dIy to ( xcbade the fourth party 
in Federal legislation, and no Congress y_t has had the temerity to 
legislate the fourth party out of a jo , '' f^ca^s-^, forsooth, he did 
not desire to pay tribute to fxny orga'>izatio:i. As was said by an 
eminent jurist in the case of Erdma?i ^. M't^h'^U (207 Pa. St., 79)' — 
and w^e trust that the State of Pennsylva- ia is a republican form of 
government : 

The right to the free use of his hands is the workman's property, m much as the 
rich man's right to the undisturbed income from his factory, houses, and lands. By 
his work he earns present subsistence for himself and family. His savings may result 
in accumulations which will make him as rich in houses and lands as his employer. 
This right of acquiring property is an inherent, indefeasible right of the workman. 
To exercise it, he must have the unrestricted privilege of working for such employer 
as he chooses, at such wages as he chooses to accept. This is one of the rights guar- 
anteed him by our Declaration of Rights. It is a right of which the legislature can 
not deprive him., one which the law of no trades union can take from him, and one 
which it is the bounden duty of the courts to protect. The one most concerned in 
jealously maintaining this freedom is the workman himself. 

Is it fair to make light of or criticize any ma?i who espouses the 
cause of the fourth party or the principle undtrlyirg free institu- 
tion« ^ 



38 coxDinoxs ix the coal imixes of golobado. 

"The right inTolved is the right to dispose of one's labor with full 
freedom. This is a legal right and is entitled to legal protection." 
Erdman v. Mitchell, supra, or as put by one of the witnesses: 

Mr. Rockefeller. My opinion -vritli reference to the laborers of the country is 
th^t ihey ought to be. under the Constitution, allowed to exercise their liberty in 
the selection of the person for whom they shall work and the terms imder which they 
shall work. I should stand always for the freedom of the American citizen, be he 
worker or anyone else, to make his own election in matters of that kind, rather than 
to insist that he should b^ dictated to by third parties. 

The Chaismax. Do you believe, then, that union labor, so far as the labor is con- 
cerned, is not a gcod thing? 

Mr. Rockefeller. That question is pretty deep and abstract. If you ask what 
I think widi reference to the Colorado Fuel & Iron Co.'s employees. I would, say 
that according to the record the wages of tiie miners were raised a total of §300.000 
in April, 1912. voluntarily by the company, and that the wages of the same workers 
were rsused in March, 1913. voluntarily by the company. .$240,000 a year apprcxi- 
mately, in spite of the feet that the company has never paid anything that I know of 
on its common stock and had not until this last year begun to catch up with the very 
largely accumulated preferred dividends. (Rec., p. 2S62.) 

In addition to the sections of the constitution of the United Mine 
Workers heretofore quoted showing the illegal purposes of their 
organization, certain other rules and regulations have been adopted 
by some of their districts, that inhibit their members from disclosing 
that which may be necessary for the proper management of the 
mine and the protection of hfe and property. On page 1792 of the 
record we find the following : 

Any member of the IT. M. W. of A. found guilty of giving evidence against mem- 
bers of our organizaricn without being called uxx)n by the pit committee or district 
board, shall for the first ofiense be fined $10, and for the second ofiense shall be expelled 
from the organization. 

Thereby relieTing the member from^ any mine regidations imposed 
by the operators, however necessary^ and probably bringing Mm in 
cortflict with the reqtdrements of the State laws. Well may it be 
said, as stated in Erdman v. ^litchell, supra : 

If such combination be in accord with the law of the trade union, then that law 
and the organic law of the people of a free commonwealth can not stand together. 
One or the other must go doum. 

We respectfuEy urge that even in Colorado we will not consent to 
substitute a rule prescribed by the union for the rule of conduct pre- 
scribed by the constitution and laws of the State. 

The same doctrine is followed in Gompers r. Bucks Stove & Ranc^e 
Co. (221 U. S., 418: 31 Sup. Ct., 492/. where the court. speakiSg 
through Mr. Justice Lamar, says: 

Society itself is an organization, and does not object to organizations tor s^Dcial, 
religious' business, and all legal purposes. The law, therefore, recognizes the right 
of workingmen to unite and invite others to Join their ranks, thereby making available 
the strength, influence, and power that come from such association. By virtue of 
this ri^t. powerful labor unions have been organized. But the ver\- fact that it is 
lawful to form these bc-dies, with multitudes of members, means that they have 
thereby acquired a vast x>ower. in the presence of which the individual may be help- 
less. This power when unlawfully used against one can not be met. except by his 
purchasing peace at the cost of submitting to terms which involve the sacrifice of 
ri^ts protected by the Constitution, or by standing on such rights and appealing to 
tiie preventive fK)wer= of a court of eqijity. TMien such appeal is made it is the duty 
of government to protect the one against the many, as well as the many against the one. 

The unlawful character and the unbearable conduct of the United 
Mine Workers of America was very positively and emphatically 



CONDITIONS IN THE COAL MINES OF COLOKADO. 39 

asscM'tod by every operator who testified, and particularly by Mr. 
Osgood and Mr. Welborn, as the reasons why they would not con- 
tract with that organization. Mr. Osgood makes it clear, as })roperly 
accrcnUted by coujisel, that no matter what the financial responsi- 
])ihty of that order might be, he would not do ])usiness with it. 
(Rec, p. '399.) We submit that its conduct in this case and in the 
many reported cases where it or some of its mem'ners have been a 
])arty litigant, (Uscloses beyond the shadow of a doubt that iiis objec- 
tions to this order are well founded. Tlieir unreliability is fully dis- 
closed by the testimony of Mr. Bcttis, Mr. 'Baum, and Mr. Blood, 
all of which goes to corroborate the fears entertained by Mr. Osgood, 
as stated in his testimony, as to the results to be expected from that 
organization. 

True, Mr. Lawson says, on page 288 of his testimony, that — 

It is one of the proudest boasts of the United Mine Workers that they do not violate 
a contract when it is once entered into. 

Mr. Bettis goes upon the stand and produces the contract entered 
into between him and the United Mine Workers of America, and he 
tells you that notwithstanding their obhgation, as embodied in the 
contract, to permit him. to select his own employees, they proceeded 
to dictate the personnel of his miners and day men; and, by reason 
of his inabiUty to keep one person whom they desired to work and 
for whom he had no place at the time, they ordered a strike in his 
mine and put it in effect without even a conference upon the subject. 
(See Bettis' testimony, beginning at page 2098 of the record.) 

This same mtness had dealings with the Union in 1903. At that 
time he entered into a contract with it, and was promised by its 
officers that if they lost the strike in the southern field, that he, 
Bettis, could return to the conditions of wages, hours, etc., that 
existed before the strike was called. They lost the strike of 1903, 
but when he sought to return to those conditions he was not per- 
mitted to do so, but was required during all the intervening time 
to remain on the 8-hour basis, papng the increased wages which 
had been exacted, and, notwithstanding this loyal conduct on his 
part, when the present strike was renewed, he again was involved in 
the struggle. 

COAL MONOPOLY. 

In the face of repeated explanations it is insisted that three coa 
companies of Colorado represent 95 per cent of the production- 
This unfounded charge grew" out of an advertisement publish ing a 
proposition mader by the operators, in which they stated that, for 
the purposes of that proposition or advertisement, they represented 
95 per cent of the coal operators. Many persons involved in this 
liearing, even after the extent and limitation of that statement Vv^ere 
made clear, persisted in the repeated assertion that this representa- 
tion was for all purposes and constituted an organization in the 
nature of a trust. (Rec, p. 443.) 

But evidently counsel thought they had discovered in this pro- 
seeding another hydra-headed monster in the presence of these three 
coal companies. In their brief they state: 

The great difficulty in Colorado is that the three largest companies produce 68 per 
cent of the coal of the State. 



40 coin>iiio:5r5 i>" thi: coai. mohss of colobado. 

This statement is : ^^e eTiclence does not so show it. 

Tnie^, on page 395 o: r r :i - ci statement of one of the coal 
operators given purely from men: : . figures up that per cent, 

but the contrarr is so clearly sh v~: : _ :ke record eTidence tfcat 
counsel should not h&ve made the sr t. There was introduced 

in evidence and is reproduced above m lixis brief a" tabulated state- 
ment of the coal production for every ^jre years from 1898 to the 
present. This is not confined ^ ' r largest operating com- 

panies, but shows the product! : : L : The operators, lai^ and 
small, and the per cent of production is cureftilly calculated, and this 
calculation reveals a very healthy condition of affairs so far as com- 
petition in the industry is concerned. Taking the three companies 
complained of and beginning with 1898, we find their per cent of 
production steadily declining to the present. For each five years 
their abnegate per cent of production is as follows: 



ias8 ^11 

1903 74.81 

1508 6L37 

1912 5«L58 

1913 58L08 

Of course the coal production is increasing: the amount of coal 
produced by these companies is increasing, but the other operators 
have increased so much more in proportion that it steadily reduces 
the aggregate per cent of these three companies. 

It further appears from the tabulation referred to that for the 
year 1898 there were 105 co^ producers in the State. Fifty-six of 
tiiem^ as disclosed by tJie figures in brackets at the bottom of the 
<;(dumn, im>duced leas than 50,000 tons each, and of the other 49, 
each producQ- produced more than 50,000 annually. In 1903 there 
were 104 coal producers; in 1908, there were 117; in 1912, there 
were 110; in 1913 there were 132. So it will appear that for the 
pmod of 15 years, the number of operators and quantity of produc- 
tion has been steadily increaaang, and the greater proportion of this 
ims^ase k by the outade operators, showing conclusively that if 
the tJtree combined companies ever did have anything like control, 
they have completely lost it. 

This, it would seem, ou^t to eiiplode the contention of counsel as 
to the coal monopoly. 

LAW EXFOBCEMBJiT. 

Considerable space is devoted by counsel to an enumeration of 
the various statutes of the State of Colorado pertaioing to coal- 
mining laws which they claim have been heretofore violated by the 
oonq^anies; and yet. in the discussion, it is adndtted that those laws 
are now being observed, but ih&t it is by reason of the agitation which 
has been brought about by the labor unions. Ko matter what the rea- 
son for the enforcement of the law is, if it is done, that settles the mat^ 
ter, and time and space devoted to a discussion of it is idle. 

Also much space is devoted to t^ie subject of discrimiaatif^n against 
union men and blacklisting. If the contenti* n be true that the com- 

Eanies discharge men by rfascn of their aflBHati«>n with the uni«»ns, 
ow was it that thousands of the miners were members of the uni«»n 



CONDITIONS IN THE COAL MINES OF COLORADO. 41 

when the strike was ordered, wliicji the strike leaders contend was 
the case ? I'he only witness we recall as ha\ ing testified tliat he was 
discharged \\y reason oi' his union sympathies was (^le Picittc^lli, who 
did not work for the coal companies at all. lie was a blacksmith for 
a railrc^ad company and was discharged in February fc^llowing the 
strike, and while he claims to have been so discharged on account of 
his union sympathies, yet it appears that at the same time ]\e was dis- 
cjiarged a large number of m.eji were laid off, so to speak, on account 
of the decrease in traffic. (Rec, p. 1249.) Other witnesses testified 
as to their conclusions from what they knew^ of persons being dis- 
cliargcd, or to w^hat they believed to be the policy of t'le companies. 
It is ccntended by the mtncss, Lawson, that one Oberinsky was 
killed on account of bis union proclivities, but when lie is called up.cn 
to narrate the facts involved in the killing, his own narration of it 
slnnvs that }us cf>nclusion is erroneous. Thcr.^ is nothing in his state- 
ment to show that the man w^'io killed Oberinsky knew^ liim at all (t 
had ever so'^n lum before the m.om.ent of the killing. It appears that 
the man w^ilio kiUed Oberinsky had just a few minutes before been in 
a fuss in a barroom, that he was ejected by the proprietor of the 
saloon, leaving Oberinsky and others in the barroomi. Bat it does 
not appear that Oberinsky or any of the others had anything to do 
with the altercation. Soon after the Mexican was ejected from the 
room he returned to the door, knelt down, and fired, the bullet strik- 
ing Oberinsk}^ in the temple and kiUing him. Whether the Mexican 
th(>ught Jie w^as shooting at the proprietor does not appear, but the 
most reasonable conclusion is that lie so thought, and got the wrong 
man. The testimony on the subject is as follows (Rec, pp. 285-286) : 

Q. Can you name any person who was killed by reason of his desire to organize? — 
A. Well, I can recall a man — one name at this time — a man by the name of Oberinsky. 

Q. A^Tiy was he killed? — A. He was killed by a Mexican at Rugby. 

Q. T^Tien was that? — A. I think it was in 1907, but I won't be positive. He was 
a coal miner, but he was an organizer for the Western Federation of Miners. There 
was what some people term a dual organization, and Oberinsky was working for the 
Western Federation of Miners, but it was generally understood that he was working 
for the United Mine Workers of America, and he was shot while standing in a saloon 
at a bar near the Rugby station — I think it was Rugby, if I remember — by a Mexican. 

Q. Do you recall whether there was any altercation or dispute between the Mexi- 
can and himself? — ^A. Not a single word. 

Q. He just walked up and shot him? — A. No: the Mexican came in — two of them — 
it is a long time ago — two Mexicans came in the saloon, and I understand that Mr. 
Oberinsky was in there waiting for the train, when this man who came in and some 
men got into a dispute there with the lad who was tending the bar — the son of the 
man who owned the saloon — and the man who owned the saloon put them out, and 
then he invited the men in there — three or four of them — to come and have a drink. 
Oberinsky was standing at the bar, either waiting for his drink or had it in his hand, 
I am not sure, but the testimony showed, I believe, that this Mexican came back to 
the door, and kneeling down put his gun on the jamb of the door and shot Oberinsky 
through the temple and killed him dead. 

This t-^.stimony does not admit of the conclusion that the witness 
placed on it, and yet, under oath, lie asserts it boldly as an estab- 
lis-ied fact. We submit that the testimony of a witness so reckless 
with the truth ought not to be considered reliable by t)ie com.mittee. 

Likewise, on the subject of blacklisting, the testimony cited leaves 
a wrong impression. In almost every instance, as the record will 
disclose by inspection of the testimony cited, it was developed that 
whatever notification was given relative to men who had been dis- 
charged was by some officer or agent of the company to other officers 



42 coxDinoxs rs' the coal mi>t:s of colobado. 

or agents of the same companv. The commimication was not be- 

tvreen different companies, but between men within their own com- 
pany. It stands to reason that where one has given cause for dis- 
charge at one mine of a company the cause which led to this dischai^e 
would certainly be held against him in aU other mines of that particu- 
lar company. 

This matter is made reasonably cle-ar in the testimony of Mr. Wel- 
bom, from which we quote, beginning on page 499 of the record: 

A. I have never known of men being dischaiged fronL the company becanse of their 
belonging to the union. I do not thmk any have been for the past seven or &^t 
yeaxB, during the pmod I have been pre^^ent. On the contrary, we have a great 
many, sev^al hundred men, who belong to unions. In FrenLont County, where, as 
I stated befOTC, we have three large min^, we employ 800 ot 900 men, sometimes a 
little more, and a large number of these men — we have never known how many; 
nevCT have interested ourselves to the extent of finding out — ^belong to the union and 
have had their own local organization. I think it is a branch of the United Mine 
Workezs, but our undCTstanding has been, based on obs^vation and that of our men 
round the camps, that they have not been regular oontdbutcxB to the national order 
or actively associating witik them in the general afEairs of the associatian. I think 
I can say that most of the men employed at liiat csonp. those three camps, have been 
at the sam,e mines for a great many years, or at one of the three: and, as I said before, 
we never have asked the questioD of them as to whether or not they belonged to a 
union. We ha-re known that they not only did belong to a union, but that l£ey had 
their order and held occasional meetings. 

Mr. BynxES. Well, Mr. Welbom, their complaint is this: That if an. employee 
becomes active in the organization, that he is discharged: that he is not told that he is 
discharged because of lus membership in the organization, but on some pretest «■ 
oth^ he is discharged. Xo\^ , if that did occur, would you have any posonial knowl- 
edge of it, or would it be done by the superintendent in the field? "Couldn't it occur 
without your knowing it? 

The WrrxEzs. It is possible for such a thing to occur without my knowing it. but 
in the face of absolu:- ■:::::: : :!_ :::::- :i " i:^ k:i — !r !. r : Lr : :: :!::: 
many of our men h^ r^ i : : v i :: : r ^ 

for years; that in soi^- .»^c- iacv v. vie -irni-icr^ -y. i^- -^-j.^!. «i.:i. i'^-:.^!^-: c*-,i^vc i-i- « 
certain extent. I do not believe 

Mr. Btsxes. Did you say in the face of instructions to the contrary? Have you 
giA'en any instmctions along that Kne? 

The WrrxEss. Yes. 

Mr. BvRXES. What instructions? 

The WiTXESs. That men should not be dis ch arged because they belong to a union; 
but we may discharge a man who does happen ^: ^ -!":ir to an order. The charge was 
made through the press that after the convent: j- :: -- rist 18, in Trinidad, and before 
the so-called joint convention of September 1' — '_^ Tirst convention was the one of 
the State coiirfederation of labor — ^the comj l : r L iischaiged men who had at- 
tended that first convention as del^;ate5. TLr _ ..- was not directed, as far as I 
remember, to any individual company, but I took occasion to inv^tigate it, and 
I found that in the three or four weeks that had elapsed we had discharged two men; 
one of them for ^-iolating. in a very serious way, some of the rule? of the camp estab- 
lished for the men's safety, and the other one for A-iciously, as thej- term it at the mines, 
beating up a mule. I state that, thinking it may save some cross-examination on 
that question. 

But what seems to us to be a conclusive response to the chaise of 
lack of law enforcement, and as demonsti*ative of the insincerity of 
the parties making the charge, is the fact that no prosecutions have 
been instituted and no complaints made against the companies, or 
theh ojSBicers, agents, or employees, charged with the violation of any 
of these statutes. The statutes imposed severe penalties for the 
violation thereof. If these people ai-e affected by the noncompUance 
with the statutes, why don't they avail themselves of the remecUes 
held out by the law, instead of involving the community in warfare ? 



CONDITIONS IN THE COAL MINES OF COLORADO. 43 

True, they may respond to this, in keeping with their usual malo- 
dorous wails, that they can not hope for any relief from the courts. 
The}^ have only assailed the integrity of the courts in two counties, 
Las Animas and Huerfano. The coal companies are doing business 
in seven or eight counties in the State; and certainly it can not be 
claimed that all the officers and the courts of all these counties are 
corrupt. Nor has it been charged that the Federal court is corrupt 
or partial. Why, then, don't they seek relief in one of those courts 
having jurisdiction of the subject matter? Their acquiescence 
demonstrates that the conditions were satisfactory until the hour 
arrived for the execution of the plans they have been laying ever since 
the declaration of theu* former president in 1904, that they would 
avail themselves of their first favorable opportunity to organize those 
fields. These complaints they are making as some of the grounds 
for the sympathy, aid, and indulgence which the}^ seek. 

THE TRUCK SYSTEM AND USE OF SCRIP BY COMPANY STORES. 

To this subject has been devoted a great deal of agitation and legis- 
lation. It has been many years since any of the mining companies 
issued what is termed scrip in this State. The stores in the mining 
camps use scrip as a medium of exchange, in order to avoid book- 
keeping, and the plan is substantially as follows: If an employee, 
between pay days, desires to purchase goods at the store, he may 
give to the store an order against his wages, and if the biU of goods 
purchased does not amount to the face of the order, he is given the 
difference between the purchase and the face of the order in scrip. 
The practice followed does not violate any law of our State. (C, B. 
& Q. Ry. Co. V. Provolt, 42 Colo., 103.) This scrip is redeemable at 
the store in merchandise. While much discussion has been indulged 
in about this system, the miners do not, in fact, have any objection 
to the practice. It is, for them as well as for the storekeeper, a con- 
venience, and is so regarded. We do not now recall that any person 
testified to having lost anything upon Lis scrip upon quitting the 
service or otherwise. 

The company store is a necessity. Most of the mines are located 
some distance from any other town, and, for the convenience of the 
mmers, a store must be maintained in the town. If the prices charged 
by the stores were higher than in neighboring towns and the men 
thereby wrronged, certainly there would have been lots of testimony 
tendered to the committee about it. In truth, however, the testimony 
is aU to the contrary; the camp stores undersell those in the towns. 

It is shown in the evidence here that not to exceed 22 per cent of 
the miners' wages pass through the company stores. 

On the matter of scrip and stores, Mr. J. F. Welborn testified as 
follows (Rec, p. 501): 

Q. Has scrip been abolished? — A. Yes, sir; we abolished scrip for very much the 
same reason that we posted that notice. 

Q. T\Tien was that? — A. It was January 1, 1913. We do not believe, and a large 
number of miners and their families have not believed, that the use of the so-called 
scrip was an objectionable practice, but politicians, officers of the United Mine Workers 
of America, and others whose time was largely devoted apparently to stirring up 
trouble, sought to criticise the practice and to criticise it very severely, and we abol- 
ished it on the date I mentioned. There never had been any time when scrip was 
employed in the way charged; that is, as a partial means of paying the men their wages. 



44 CONDITIONS IN THE COAL MIXES OE COLOKADO. 

T think the general use of scrip in coal mines was testified to by Mr. Osgood, and unless 
you care to have me go into it, I shall not. Our practice is verj^ similar to that. 

Acting Chairman Byrnes. You have discontinued the use of scrip? 

The Witness. We have discontinued the use of it entirely. 

By }s1j. Herrington: 

Q. How about the right to trade where the miners please? — A. The miners enjoy 
that right, and a great many of our camps are near enough to other points so that the)^ 
can easily go to other stores. We have two mines, Walsen and Robinson, located 
practically at the door of Walsenburg; I think the city limits come up to the limits 
of our property, the tipples are only a few hundred yards away from the city limits, 
and our stores at that point show a trade, show sales larger in proportion to the mine 
pay rolls than we have at many of the so-called closed camps. 

Q. How do you accoimt for that? — A. There are two possible explanations. Either 
the men are so well satisfied with our stores, compared with prices and goods which 
they can secure in towns where many of them have heretofore lived, that they prefer 
to trade with our place, or we receiA'e some trade from the town, and the latter I am 
very sure is not the case to any considerable extent. 

Mr. Osgood testified on the question of company stores and scrip, 
as follows (Rec, p. 403) : 

In every one of our camps we have a company store. TMien a mine is opened — 
and in the case of our mines this is so — -the mines are comparatively remote from the 
town or ^-illage. There are no store facilities there, and there must be some pro- 
vided. The question arises whether the company shall provide for it or shall allow 
some outsider to come there. Very few mines have sufficient room for two stores to 
live — it would have to be at the expense of the men, as a result of higher prices, and 
one store will serve their purpose. We have always felt that we had more at stake in 
connection with the store than any outsider would have, and therefore that it was a 
legitimate thing for the company to operate a store. In oiu- case we operate our 
store — ^it is an independent company, but it is ours, and we don't make any subter- 
fuge of it, and we use an independent corporation as a matter of convenience. 

Q. Do any of the employees own stock in it? — A. I think so. In order to give them 
a high rate of interest upon their earnings we have created a preferred stock which 
they have purchased, and which we agree to repurchase from them at any time they 
want to sell it. 

Q. Is that preferred stock in the coal company or in the store company? — A. It 
is simply in the store company. I don't know that there has ever been any serious 
complaint about our stores — there may have been indi^'idual complaints, but I didn't 
know it. These complaints come when there is a strike, when feelings are high, and 
men get excited, and then, of course, it is a source of grievance. We frequently have 
had our prices investigated, and invariably have found that the prices for staple 
goods are the same or lower than in the adjoining towns. As an evidence that we 
don't coerce our men, and that we give them absolute freedom, I wish to say that most 
of our mines are near enough to some town, so that once a week or so the men can go 
into town and trade, and that the maximum amount of our sales at any time has not 
exceeded 25 per cent of the pay roll, so that it does not look like we were forcing the 
men to make all their purchases at our stores. 

In that connection I want to tell about the question of scrip — the scrip systeni. 
I have been advised by my attorneys that the scrip system, as we carry it out, is 
not in violation of any law, and I will explain its operation to you and its purpose. 
I think there are a number of companies who do not use it, and I think one of the 
larger companies has recently abandoned it, but we continue it, and therefore I want 
to explain it. The difficulty of keeping account of coal miners is perhaps one clearly 
understood by men who have been connected with the business. If you have a 
pass-book account, and a man comes into a mine without his book, and he comes 
out and wants to get some tobacco or something of that kind, and he has not got his 
book with him, he has to go home at great inconvenience and come back, or else 
he gets his articles without his pass book. If he has the pass book in his pocket in 
the mine and his wife wants something, the result is the same thing. At the end of 
the month the pass book don't agree with the ledger account. Then there is a good 
deal of trouble. It was on account of this that I had the scrip system adopted 30 
years ago, and it is purely a bookkeeping system. A man is not bound to take one 
dollar's worth of scrip from the company. If he wants to trade at the store and estab- 
lish his credit, he goes to the mine office and gets a statement from them that his 
credit is good, say, for $20. He takes that certificate to the store and they give him 
|10 or $20 or $5 worth of credit, as he wants it there. He gets what he wants and is 



CONDITIONS IN THE COAL MINES OF COLOllADO. 45 

given the balance of that order in scrip, which he can carry home to his wife and divide 
up as he sees lit. There is no necessity for any regular account. His account is 
paid at once or the scrip is in his possession. There is this injury about the scrip 
system, and it is difficult to overcome, and that is the misuse of the scrip by the men 
to their oavu detriment. 

The United States Government does not permit a company to redeem its scrip in 
cash. It can not treat it as anything but an order for merchandise, and in order to 
redeem it for cash or as a cii'culatiiig medium, they make a charge of 10 per cent. 
That is a United States law; we can not make scrip in imitation of money, and we 
always submit to the Treasury of the United States our scrip for them to pass upon 
it. We can not redeem that scrip, and men that are always hard up will use that 
scrip in the saloon or somewhere else, because they can not get an3^thing but mer- 
chandise for it. The consequence is that there are men who use that scrip to get 
money. There is not any necessity for their using that scrip. They can get their 
pay in cash. 

WAGES. 

Under this head counsel, unable to escape the inference enforced 
by the numerous schedules of wages introduced from the various com- 
panies and the testimony of many witnesses, who disclosed their earn- 
ings, says: 

The operators seek to divert attention from them by the citation of individual cases 
of alleged good wages. From the thousands of employees they choose selected 
instances on which unstintedly to pride themselves. 

And it is intimated that the parties receiving these wages are 
favorites. 

It is in evidence here that the employees of one of the companies 
had, from time to time, made deposits with the store department of 
that company, and that such deposits by employees at the time of 
the strike amounted to over $500,000. And, while upon this subject, 
it may be stated, and it occurs to us that it comes with wonderful 
force, illustrating the relation between employer and employee, the 
mutual confidence that existed and the satisfaction of the employees 
with the conditions obtaining, when it is disclosed that several months 
after this strike was called those depositors on strike had continued 
to leave their money with the company. 

The following is the testimony on that subject (Rec, p. 492) : 

Witness Welborn. I would like to say, as pertinent to this particular subject, that 
at the time, or about the time, this agitation started, I took occasion to inform the 
governor as to the conditions of our men at many places, and particularly as to the sav- 
ings so far as we knew, that they had accumulated. For many years, our miners have 
made it a practice to, as tliey term it, deposit with the company their savings. They 
leave them with us and we pay them 4 per cent interest. 

Mr. Herein GTON. You do not mean the Colorado Fuel & Iron Co.? 

A. The Colorado Fuel & Iron Co. — well, the Colorado Supply Co. — it is the store 
department of our company. We had at that time a little over $500,000 of our em- 
ployees' money deposited with us. . , 

Acting Chairman Byrnes. When the strike started? 

A. When the strike started. And less than |100,000 of that money has been with- 
drawn since the strike to date. 

Acting Chairman Byrnes. Less than $100,000? 

The Witness. Less then $100,000. We had over $400,000 at the date of the last 
statement I saw, which was either at the end of January, or the 1st of February — we had 
$420,000. 

Acting Chairman Byrnes. How much of that $400,000 is money of the employees 
who are now on strike? 

The Witness. A considerable portion. We have three large mines in the canyon 
district in Fremont County. At two of those mines figures were furnished me some 
days after the strike, but not 60 days ago. 

Mr. Herrington. Not over 30 days ago, wasn't it? 



46 COXDITIOXS IX THE COAL 3IIXES OF COLOKADO. 

The Witness. I think something like that. The strike was well along, more than 
half the period up to date since the strike had expired. The books oi these two mines 
show $50,000 with the companv. 

Acting Chau-man Btrxes. $50,000? 

The WiTXESS. $50,000 at those two mines. All of the men there were on strike, 
and have been. Those mines haven't been worked since the strike was called. 

But, if tliese figures offered by the company were garbled or 
specially prepared, why did not counsel offer in evidence the testi- 
mony of the thousands of miners who are on the starvation wages ? 
They did offer a few, and in practically every instance, after the 
party had testified to an inadequate wage, his canceled time checks 
or statements from the mine clerk were presented; showing enviable 
earnings, provided the party liad been industrious. 

Counsel prefers evidently to take the tabulations and figure jug- 
gling made by that most accommodating \\itness, ]Mr. Brake, the 
State factory inspector, who takes this opportunity to sioite the hand 
that feeds him. He holds an office in the State of Colorado which 
he has enioyed for many years, and while in fact, so far as we can see, 
he is glad to serve the dear people, he goes upon the witness stand 
and declares us to be a set of outlaws and condemns practically all 
the officers of the State and every department of government. He 
discovers no one who is right (save himseK) and he does not seem to 
be real certain of that. Truly, he is hke the Scotchman, who thought 
everybody excepting himself and his friend were a fittle bit daft, and 
could occasionally see weaknesses in his friend's mental makeup. 

The witness, Welborn, shows the falsity in Brake's testimony, where 
he claims such low averages in the Berwind pay roll. (Rec, p. 517, 
et seq.) But counsel seems to think that TTelborn is the juggler of 
the figures. He is welcome to present these two witnesses in com- 
parison to the reader of their testimony, and we would gladly have 
him present their fife record hkewise for inspection. The one, through 
his energy, opens the way for thousands to feed their famihes and 
works incessantly without complaint: while the other, as shown by 
his testimony, draws a salary from the State for the time he devotes 
to stu-ring up trouble in the labor circles of the State. 

It would seem that the deputies chosen by Brake are quite as 
willing to distort the facts as Brake himseK. On page 77 of the rec- 
ord, in the report of one Monical, is found the record of Monicar's 
inspection of scales at different mines ra the southern district. TYhen 
cross-examined by the members of the committee, Brake admitted 
that he had discharged this man Monical for the reason: "Well, this 
man hed to me about it."' Yet Brake is willing to give credence to 
the report of Monical, notvithstanding he found him so imi'ehable as 
to necessitate his discharge on accoimt of his lying. The very state- 
ment of Monical's report show such an absolute exaggeration as to 
lack any credence whatever, and reflect quite as much on Brake for 
quoting the report as on Monical for making it. In the very report 
found at the bottom of page 77 of the record, wherein he states that 
checkweighmen are not permitted, the contrary is shown: that that 
statement was disputed as soon as it was made, by the attorney for 
one of the compiinies. 

Furthermore, Mr. Brake was used as r. star vvitness as to the causes 
leading up to the strike. He boastfully amiounced that he Wc s 
instrumental in getting the numerous labor laws passed, and, after 
all the laws in favor of labor had been established, his opinion was 



L*,^ 



CONDITIONS IN THE COAL MINES OF COLORADO. 47 

that the miiiers struck becjiuse those Ir^ws had not been enacted 
sooner. This to us would seem ridiculous; und it further seems to us 
thr.t it was extremely unfair to call a strike until such time had 
elapsed that these laws passed for the benefit of the miners could have 
been fairly tested. 

Another of Brake's de])uties, who was introduced on behalf of the 
striking miners, professed to pass upon the ventilation of mines 
simply because he had the sale of a patented ventilating apparatus 
for buildings. We believe that there are members of the committee 
wlio have liad experience enough in coal mires to have practically 
discredited this witness in the eyes of the whole committee. 

But for the fact that Brake's testimon}^ has been given such pub- 
licity, we should ignore it, because we feel that the committee was 
impressed both with his poor judgment and lack of sincerity. 

Brake's idea of a republican form of government is one in which he 
is the supreme dictator. It appears that he had a quarrel with the 
State coal mine inspector, the metalliferous mine inspector, the dis- 
trict attorney of the city and county of Denver, and the district 
attorneys of every other county wherein he attempted to enforce his 
idea as to what the law was. Surely, such a man, who is at outs with 
everybody, should examine himself for the purpose of ascertaining his 
own fallibility. While he charges that we have no republican form 
of ,o:overnment in Colorado, he makes no complaint of the labor 
leader who remonstrated with Gov. Ammons against the prosecution 
of the strikers who ambushed and murdered the men at the Longhead 
Keservoir (Rec, p. 2838.) 

On this subject of wages counsel, notwithstanding their embarrass- 
ing experience with him on the witness stand, saw fit to proffer the 
testim_ony of witness xinderson, because he stated that he had about 
the best place and averaged only S80 per month. Now, his testimony 
corroborates this statement, but the testimony of the mine clerk who 
presented the pay roll on which Mr. Anderson got his pay, is as 
follows : 

By Mr. Costigan: 
Q. Is that a copy or the original?— A. Copied from our pay roll. 

Mr. Byrnes. Did you make it? 
The Witness. I did, yes. For May, 1913, a full month, he got $129.69; for June, 
1913, a full month, he got $150.84; for July, 1913, a full month, he got $140.57; for 
August, 1913, a full month, he got $123.50; for September, 1913, 10 days' work, he 
got $56.79. 

These figures are verified by Miners' Exhibits 125 et seq., found at 
page 2677 of the record, which were presented by counsel who had 
them in their possession at the time they permitted the witness 
Anderson to testify on his direct examination that he averaged only 
$80 a month. Why counsel did this, and then accentuated it by 
referring to witness Anderson in their brief, is beyond our compre- 
hension. 

This is all we care to say upon the wage proposition, save to refer 
to the schedules of wages shown by the record, one of which we have 
reproduced in another part of this brief. 

CHECKWEIGHMEN AND SHORT WEIGHTS. 

On the subject of checkweighmen, it seems that the experience of 
the operators is practically the same, and it is so tersely and clearly 
stated in the testimony of Mr. J. C. Osgood, of the Vic tor- American 



48 COXDITIOXS IX THE COAL IVnXES OF COLOBADO. 

Fuel Co.. that we see no room for improvement on it and quote it in 
full (Eec. p. 402) : 

The next demand of the miners was for chectweighmen. The law pro\-ides that 
the minere, on request, and on the conditions set forth in the law, they shall be allowed 
to have a' checkweighman. I can sa v- positively that among all the'managing oilicers 
of my company we have always welcomed the checkweighman at any of" our mines, 
and we have never done amthing to deter any man from putting on a checkweighman 
when they wanted to. There are some inherent difficulties that I want to call to your 
attention. There is no doubt but that the question of weights of coal at the min?^ is 
one of the greatest causes of discontent and dissatisfaction that there ia. It is one of 
the hardest questions. I don't doubt but that there are many men who believe they 
are being deprived of their wages. I can say positively that in any of the mines in 
our company we have not permitted any false weighing of coal. The difficulty about 
checkweighinen is this: We have a ver^k- large number of nationalities at oiu** mines. 
It is right difficult for these men to agree on a checkweighman: if they agree on an 
Italian, the Slavs believe he is stealing from them and giving to his Italian friends, 
and ii it is a Slav it is %-ice versa. In addition to that it is very hard to get a man who 
wants a job as checkweighman. The individual complaints of the men who beheve 
that they have been deprived of their weights are of such a character that almost 
ostracism occurs, and it is ver^- difficult to get a man to act, and when he does he wants 
to resign at the end of the week. 

There is an instance that I can call your attention to where the men were called 
together and asked their grievances, and they said they wanted a checkweighman. 
The superintendent told them that they were entitled to one. and he asked them to 
make a selection from one of their niunber. Xo one wanted to serve, and the super- 
intendent suggested that the man who suggested the checkweighman should take the 
job. He took the job and serv'ed just one week and quit. There are many difficulties 
of this kind, but as a general rule I beheve the miners are getting honest weight. 

*Q. What dees the law provide with respect to checkweighmen? — A. It pro\T.des 
that if a certain number of men petition for a checkweighman and agree to pay his 
wages, that the operators shall put him to work to check ^he weights of the miners. 

Mr. BvR]S"ES. It has been testified to that the reason that that law has not been put 
into operation is that the men are afraid to petition for fear they will lose their jobs. 

A. That might be — ^it would be ver\- wrong for me to say that there is nothing true 
about it. I don't know of such a case, and I don't believe that any of our men feel 
that way. I don't beheve that our men feel that they wotild be refused if they wanted 
him. It is very difficult to get these things through a man's mind when he has an 
idea of that kind. Some of these laboring men in the mines get it. and they seem to 
feel that that would be our attitude before they try it out. We never refuse a check- 
weighman. I don't know that we have ever been asked for one. but I think that we 
have frequently suggested that we wish they would put a weighman on. In that way 
it is well tmderstood that we are in favor of a checkweighman and would be glad to 
have one if the men wanted him. 

^Ir. Weloorn, president of the Colorado Fuel & Iron Co., was inter- 
rogated upon the same subject, and testified as follows (Rec., p. 500) : 

Our men have always had the privilege of a checkweighman, and I do not know of 
any reasi-n why they should not have understood that they enjoyed that right. How- 
ever, at the time when there was some agitation on that question, almost two years 
ago. we pctsted a circular at aU of our properties, of which this ig a copy. 

Acting Chairman Byexes. Do you want to put this in the record? 

^Ir. Herrixgtox. Yes, sir. 

Q. When is that dated?— A. That ia dated April 11. 1912. 

Q. That was the result of so much talk? 

^Ir. CosTiGAX. We object to asking leading questions. 

Q. Why did yr*u post that? — A. We pr^sted that because of the claim that was then 
being made, as it is now, by the officers of the mine workers and the aaitators. as well as 
pohticians. that the men couldn't have a checkweighman. and that if thev asked 
for one they would he di^icharged. We had. however, at that time, one mine— we 
have the mine yet — ^^^hich for a great many years had employed a checkweighman, 
which the miners paid for. We have had a number of cases of men seeking a check- 
weighman. appointing one. whr> worked but a few weeks. I don't know of any other 
case than the one at Stark-nlle. v.here checkweighmen have continued ar work in 
that capacity for to exceed a few weeks, and there has never been a case where a check- 
weighman has been dechned ^h-r^^ o. request for a check weighman has beendecHned 



CONDITIONS IN THE COAL MINES OF COLOKADO. 49 

or where any man or number of men have been discharged because they asked for one 
at the Colorado Fuel & Iron Co. 

Acting Chairman Byrnes. This notice is addressed to your superintendent. Do 
you know ot your own knowledge that it was ever pasted by the superintendent? 

The Witness. I do know that it was posted. 1 have seen it at many mines. 

Acting Chairman Byrnes. He makes the statement, and I don't think it is neces- 
sary to put it in the record [referring to paper marked "Exhibit 21."]. 

Exhibit 21 is as fellows: 

The CoLOitADO Fuel & Iron Co., Fuel Department. 

Circular No. 595. 

Pueblo, Colo., April 11, 1912. 
All superintendents: 

In order that our position on the checkweighing question may be fairly under- 
stood by all our employees, would ask that you post the following notice: 



The Colorado Fuel & Iron Co. has always been >villing that its miners should have 
a checkweighman. This fact is well known to old employees, but, for the benefit 
of the new ones, this is notice that a checkweighman, selected by the miners from 
their fellow workmen, will be allowed at any of the company's mines. 

The Colorado Fuel & Iron Co., 
E. H. Weitzel, 

Manager Fuel Department. 

If the men were so robbed in their weights, how do they account 
for w^ages to the amounts shown in the schedules set out in the record 
herein ? 

CHECK OFF. 

The truth is the checkweighman proposition does not interest the 
United Mine Workers nearly so much as what is referred to as the 
''check off.^' By that is meant this: When a mine is working under 
union conditions and under a contract with the union, the mine 
management is required by the union rules and by the contract to 
charge against and hold out of the wages of every employee all dues, 
fines, assessments, and initiation fees levied against the union mem- 
bers by the union, either local or national. These charges fre- 
quently run high and dissatisfy the laborers. But, no matter what 
their dissatisfaction, the deductions must be made just the same; 
and this, by the way, is the principal object in unionizng the mines. 

And these assessments must be submitted to by every man working 
in a unionized mine, whether he affihates with the union or not, as 
appears more clearly from the testimony of witness Morgan set out 
infra. And this, we are advised, is the only labor union in existence 
that exacts the check off. 

The following is a clause in the proposed scale demand of the 
United Mine Workers: 

Eighth. It shall be a condition of employment that all men working in and around 
the mines shall be members of the U. M. W. of A., and all companies to this agree- 
ment shall collect from their employees 2 per cent of the gross earnings of all day men 
and 3 per cent of the gross earnings of all miners, which shall have preference over all 
other collections, and turn over to the authorized agents all such moneys after being 
notified by the miners' organization. 

48852—14 4 



50 CONDITIONS IN THE COAL MINES OF COLORADO. 
ACCIDENTS AND DEATHS. 

That accidents resulting in personal injury or death in mines or else- 
where are lamentable is a matter on which a normal mind does not 
need to be advised. That Colorado has had her share is to be re- 
gretted. It appears from the evidence adduced herein that our recent 
laws provide for more rigorous inspections than have been heretofore 
required. It also appears from the evidence that some of the com- 
panies, even before the enactment of this law, were advancing in 
precautionaiy measures beyond the requirements of the law. 

It is idle and senseless to intunate that these accidents are the fault 
or any willful conduct on the part of the companies. Even banish 
the slightest conception of the virtue of humane principles existing 
in the mines of the operators and look at it from a pm-ely monetary 
-standpoint, and it would still be plain that the coal operator desires 
to prevent accidents. 

When an accident occurs such as an explosion, which is responsible 
for most of the casualties alluded to by counsel, the damage to the 
mine where the explosion occurs is serious, running, as some of them 
do, into the hundreds of thousand sof dollars, to say nothing of the 
indemnity paid for loss of lives, and the general demoralization of 
the mining force. These accidents are misfortunes in which both 
the operator and the miner suffer, and vre think it clearly appears 
from the testimony here that all parties engaged are diligently study- 
ing and experimenting to the end that such casualties may be elimi- 
nated. It is natural, however, to suppose that our adversaries, from 
their general character, will make all they can out of a matter so 
susceptible of agitation and sympathy as mine casualties. Sympathy 
is their ''long suit." Furnish the incidents, and they will adorn 
them with a halo of pathos. 

We again quote from the witness, Osgood, commencing on page 
404 of the record, concerning the experience of some of the operators 
with preventive methods: 

There is a great deal in connection with safety appliances which can be used in 
mines, overcoming the dangers of dust and gas explosions, which in the last few 
years has been a matter of experiment by the Government and by mine operators 
as well. There has been a great mam^ experiments with electric lamps and experi- 
ments with steam introduced to mitigate the danger from dust explosions, and various 
schemes have been tried out, and until recently it would have been very difficult to 
find a code of laws for mines ae complete as the one we have nov»'. I am not sure of 
the time, but I think about three or four years ago Gov. Shafroth appointed a com- 
mittee to draw a new mining law. That committee was composed of Prof. George, 
of the School of Mines, who admitted he had never been in a coal mine; Dr. Alderson, 
who had never been a practical miner; and one practical miner, who was. I think, 
Mr. Dalrymple. There may have been others, but the operators had no representa- 
tive whatever in preparing this law, and the law was prepared and submitted, and in 
the form in which it was it was absolutely impossible to carry it out. Many of its 
provisions were of such a nature that they could not practically be carried out. 

We opposed the passage of that law in the form it came from the committee, and 
we offered numerous amendments to it, and it was amended finally and it j^assed, 
but upon the request of the labor element Gov. Shafroth vetoed it. The claim made 
at the time was for the reason that it contained a proAdsion that the miners them- 
selves should pay their shot firers. 

Now, when this new law that is now in force was presented to the legislature, it 
had been drafted in consultation with the operators, and the operators were given an 
opportunity to take a hand in the preparation of the law; in the committee which met 
to draft that law the operators were represented, the labor element was represented. 
and the State mine inspector; and you would not recognize the law that came out of 



CONDITIONS IN THE COAL MINES OF COLORADO. 51 

the conference as being anything like the law that went in. We did not make any 
defense, except that we introduced in the senate necessary amendments to make it 
a practical law, and Ave took an active, interested part when it was prepared, and we 
did all in our part to bring- about its adoption, and since the law has become effective 
we have done all we can to comply with it. It is a new laAv with a great many pro- 
visions, and there are many of the duties of the State mine insi)ector — I think he has 
been doing his very best, but it takes time to get running in all the things that the 
law requires. So far as we are concerned, I feel that we have done, and are willing 
to do everything that we can do, to comply with that law at all times. 

Now, ill advance of any law that was put on the statute books, we have spent large 
sums of money —I know the others haA'-e done the same — in introducing improvements 
not required by law and in making experiments for improvements to promote the 
safety of our miners. For one thing, we have put special inspectors having nothing 
to do with the operation, whose duty it is to look after the safety conditions entirely. 
We have been conducting experiments which have cost us many dollars which the 
United States Government has been interested in, and we feel that we are taking 
a step in the right direction. We have spent large sums or money in our time to 
improve the safety of our mines regardless of any provisions of the law in that regard. 

And from Mr. Welborn's testimony, beginning on page 497 of the 
record : 

Q. What has been the policy of the company in respect to expenditures for safety 
in and about the mines? — A. We spend a great deal of money for safety purposes — 
always have, and I think we have increased the amount in the last few years. We 
have established rescue cars, we have two of them, and we have crews trained at 
practically all of the mines, competent to do first-aid rescue work; we keep those cars 
busy throughout the State, running around with a force of men competent to train a 
crew. 

Q. Does the company pay the expenses of all that?' — A. Yes; the company pays all 
the expenses. We found that the men took up the work very readily, and the result 
was satisfactory in every way. Some two or three years ago, some time before the 
law required it, too, we put on extra pit bosses, designating them as assistant pit bosses, 
to help the miners, very largely to see that the men carried out the irinstructions — 
instructions as a rule made and given for their own safety. Unless they are watched 
they don't do it. Altogether we are doing everything we can to make our coal mines 
as safe as coal mines can be made. Our records show that we are making some prog- 
ress in that direction, and 1 think the number of fatalities is decreasing, and that the 
establishmeJit of rescue service, first-aid rescue service, at the mines, helped very 
materially in making men actually more carefal and more observant of the rules that 
were established in their interest. 

By Mr. Austin: 

Q. Have you a Government mine rescue station in this State?- — ^A. No; we have not. 
The Government considered the establishment of a mine rescue station here, and 
went so far as to send someone out to select the ground, but we at the same time were 
building or preparing or equipping, about that time, our own rescue car, and I think 
that furnished the suggestion to them that they do the same, that it would be easier, 
much easier, to reach these different localities. They have one or two cars in this 
part of the United States, and they visited the various places Avhere disasters have 
occurred. 

Q. Is the Government mine rescue car a duplicate of the one that you constructed? — 
A. No; it is not a duplicate. I think theirs is a larger car, but, as I understand it, 
in the main the equipment is about the same. If I am not mistaken, our car was 
equipped before the Government put theirs into service. 

Some point has been attempted to be made on the question of 
coroner's verdicts. The following statute has been in force since the 
year 1883: . 

Whenever loss of life or serious personal injury shall occur, by reason of any ex- 
plosion or of any accident whatsoever in or about any coal mine or colliery, it shall 
be the duty of the owner or agent thereof to give notice to the mine inspector and, if 
any person is killed thereby, to the coroner of the county also, and the inspector 
shall immediately go to the scene of said accident and render such assistance as he 
may deem necessary for the safety of the men and shall ascertain, by the testimony 
before the coroner or by taking other evidence, the cause of such explosion or accident 
and file record thereof in his office. (Sec. 3188, Mills Ann. Stats.) 



52 CONDITIONS IN THE COAL MINES OF COLORADO. 

It will be observed that at the inquest the State coal-mine in- 
spector is required to be present at the taking of the evidence. More- 
over, by this statute the State coal-mine inspector is required to find 
the cause of the accident and file his record in his office. It will be 
recalled that State Coal Mine Inspector Dalrymple exhibited his 
report to the committee in connection with the Bradley case and it 
was not thought necessary to introduce any of the records except 
that concerning the Bradley case. 

In Germania Life Insurance Co. v. Ross-Lewin (24 Colo., 43) it 
was decided that the verdict of a jury at a coroner's inquest was not 
admissible in evidence for any purpose whatever. Just what purpose 
the mine operators could have in influencing a verdict one way or 
another has not been made apparent in the brief nor are we able to 
conceive any reason why they should interest themselves in a pro- 
cedure which is so barren of results. 

Section 874 of Mills's Annotated Statutes provides that all the testi- 
mony taken at a coroner's inquest shall be reduced to writing, sub- 
scribed and sworn to, and filed ^^^th the clerk of the district court. 

It would therefore seem that no purpose whatever could be served 
by the operators securing a verdict one way or the other in cases of 
accident. 

PRIVATE DETECTIVES AND MINE GUARDS. 

The coal companies are criticised for employing mine guards. 
What, pray, would you have them do ? What would have happened 
within 12 hours after this strike was called if the mines had not been 
thoroughly and difigenth' guarded by strong forces of courageous men ? 

It is not disputed that arms and ammunition were purchased by 
the organization and put in the hands of their men before the 
strike was called. (Rec, p. 322.) The purpose for which they were 
obtained is made clear by the conduct of the members of the organiza- 
tion throughout the strike, and had it not been for the guards, the 
mines generally would have received what Forbes, Empire, Green, 
Canyon, Royal, Southwestern, McNally, and other mines have so re- 
cently received, namely, the torch. There is simply no use to argue 
upon the question of employing guards. If the State will not fur- 
nish to the owners of property the protection to which they are enti- 
tled, it is left to them to defend themselves and their property by 
whatever means they can find. Under no circumstances do we ap- 
prove or even condone an aggression under arms: but in all cases 
must the right of self-defense be recognized. 

It would seem that the right to defend one's property is so well 
ingrained in the American idea of justice that it would be unneces- 
sary to add more to what has been said on the subject of mine guards, 
but this particular complaint has been so impressed and the charge 
so magnified that a little further explanation is not out of place. 
It has been charged that the Baldwin-Felts Detective Agency has 
furnished the mine guards — in fact, that the terms ''guards," "dep- 
uty sheriffs," "militiamen," and "Baldwin-Felts," are used inter- 
changeably, and with like intimations of ignominy or infamy, and it 
was testified upon the stand by one of the leaders of the strikers that 
several hundred Baldwin-Felts detectives from West Virginia were 
doing guard duty, murdering people and otherwise outraging the 
peace and good order in Huerfano and Las Animas Counties. When 
the subject was investigated and the men placed upon the stand who 



CONDITIONS IN THE COAL MINES OF COLOBADO. 53 

knew just how many Baldwin-Felts detectives there were in the field, 
this nrmy dwindles down to 17 as the highest number of men in the 
employ of the Bnldwin-Felts Detective Agency. This information 
was brought out by the well-directed interrogatories of the chairman 
of the committee (p. 329). 

Q. Now, after your brother signed the contract, then you say you came out here? — 
A. Yes, sir. 

Q. How many men did you bring? — A. I brought two men with me. 

Q. Is that all?— A. Yes; that is all the men that were working on the outside that 
were generally known. 

Q. What I want to know is how many men you had employed in 1910? — A. I 
think six men altogether. 

Q. In 1910?— A. In 1910. 

Q. Where were they stationed, if they were stationed at any place? — A. One man by 
the name of O'Connor at LouisviUe and a Mr. BerwiU stationed at Frederick— the 
other men were not stationed at any particular place. 

This was the maximum Baldwin-Felts force in the northern field in 
1910. We find that when the strike of the southern field approached 
two Baldwin-Felts men were sent down there (Bee, p. 330); that 
the force was then increased, and Mr. Felts tells us (at p. 332) that 
after the strike was called they increased the men to 16 or 17, cer- 
tainly not to exceed 20. And before leaving the subject of detectives 
let us inquire why the universal hostility to detectives, particularly 
where they admit their vocation and by a life of integrity establish 
their right to an existence in society, and by energy, courage, and 
fidehty accomphsh so much in the way of restraining the vicious and 
discover the perpetrators of foul deeds which would be otherwise 
undiscovered in civilized communities. Where does the law- 
abiding citizen find reason to complain of the detective? In your 
own observation is it not some fellow who is smarting from an unex- 
pected discovery or the conviction of a crime which he has com- 
mitted who makes the verbal assault on the detective business ? The 
men who were presented on the witness stand by this committee and 
who are in the employ of the Baldwin-Felts Detective Agency, were 
frank, sincere, and convincing in their testimony and disclosed a 
character and manhood far above the average of the witnesses prof- 
fered by the strikers. We have no apology to offer for these men, 
admit that they are in our employ, and are gratified at the valuable 
service which they have rendered. We have confidence in them and 
believe that their services are necessary for the protection of our 
property against the secret designs and plottings of the most des- 
perate organization that ever preyed upon a civilized community, 
and we would be remiss in our duty should v/e leave this subject 
without adverting to the gratitude so openly manifested by the 
imperiled citizens of Berwind Canyon when on October 27, 1913, a 
small crowd of men headed by A. C. Felts carried, at the risk of their 
lives, ammunition and succor to the besieged village after it had 
been under fire by the Ludlow strikers for three days. This com- 
mittee wiU remember the history of that continued siege as given by 
Witness Wilson and others; how the defenders of the town of Tabasco 
and Berwind were reduced to 10 rounds of ammunition when the cry 
for aid reached Trinidad, and you will recall -what efforts were made 
to get men to go to the relief of the imprisoned miners in Berwind 
Canyon and of the futility of their efforts until Mr. A. C. Felts arrived 
in Trinidad and took charge of the reinforcements and led them to 
the succor of the inhabitants of those camps. 



54 CONDITIONS IN THE COAL MINES OF COLORADO. 
GUARDS AND DEPUTY SHERIFFS. 

It appears In evidence here that when this strike was called, the 
usual camp marshals and peace officers of the mining communities 
were wholly inadequate to defend the property and lives of the people 
against the aggressions of the strikers. As the necessity became ap- 
parent, the mining companies employed men to stand guard of their 
various camps, and these soon became known as guards. They were 
instructed to remain, and were retained on the property of the com- 
pany by whom they were employed. At the same time these men 
were employed, the sheriffs of those counties were appealed to for 
protection of the people traveling along the highway, and in order 
to accord this protection, the sheriffs began to appoint deputies. 
Having exhausted the supply of their own counties, they called upon 
the sheriffs of other counties to obtain and send to them men who 
were willing to serve as deputy sheriffs in the region of the tent colo- 
nies, notably at Ludlow and Forbes, for the protection of the general 
peace and travelers on the highways. Many of these came from the 
counties of the Arkansas Valley, and so far as we have been able to 
learn or is disclosed by this record, were men of unquestioned integ- 
rity. Later in the campaign and after the governor of the State had 
long delayed in sending the aid which the operators and the general 
public felt was their right to demand, a few people who came from 
outside of the State, as it was afterwards determined, were appointed 
by the sheriffs and did duty as peace officers. It is not surprising 
that the sheriff did not stop to demand the pedigree of these men. 
Conditions were so desperate and the communities were in such peril 
and the demands on the sheriff for protection so frequent that he 
did not dare refuse men who were willing to enter the service, if their 
general demeanor seemed to qualify them. It would have been 
criminal for the peace officer of the county to decline aid in the 
people's hour of need merely because a man willing to serve him 
happened to be from Texas rather than from Greece or the island 
of Crete. 

As to the number, service and discipline of the guards, we can not 
do better than quote from the testimony of Mr. E. H. Weitzel; 
beginning on page 1795, we find: 

Q, Some complaint has been made about camp marshals, under ordinary times. 
Will you please state to this committee what a camp marshal is and what his duties 
are? — A. A camp marshal is a peace officer. In most of our camps we require them 
to look after the property, to look after vacant houses, see that the windows are not 
broken out and property is not destroyed, to make occasional inspections of the houses 
to see that they are well taken care of, to see that the children of school age attend 
school. Prior to the calling of the strike in this district we were operating one, two, 
three, four, five, six, seven, eight, nine — ^nine properties — andhad only one, two, three, 
four, five marshals. At several of our properties we had no marshals at all, and at 
none of them had we more than one. 

•Jt ***** ■X- 

Q. How did the guards go to work — ^with or without sheriff's commissions — deputy 
sheriff's commissions? — ^A. At first when we put the guards on we did not have tnem 
deputized. 

Q. What did they do?— A. What did they do? 

Q. Yes. — A. They were instructed to stay on company property, and we instructed — 
the superintendents were instructed to tell the men in charge that any time any guard 
left the property he should leave his arms behind. 

Q. What necessitated giving some of these guards deputy sheriff's commissions. — ^A. 
Well, later on we found it necessary to move the guards from one property to the other 



CONDITIONS IN THE COAL MINES OE COLOKADO. 55 

in cases of emergency, and in some cases found it necessary for them to go off the 
property temporarily, and for their protection we thought best to have them deputized. 

Q. Was it necessary to make arrests off the company property? — A. At times it was; 
yes. We had camps where there were — take Sopris, for instance; we had some men 
who were working, living in among the strikers, living next door to strikers, and it 
was necessary for our guards to go along the streets in those neighborhoods off company 
property in order to properly protect our men at work. 

Q. What discipKne did you give guards or your superintendents? — A. The orders 
were given that any guard found tp be intoxicated, or found to be a drinking man, was 
to be discharged. 

Q. Were there any discharged? — A. Yes, sir; a number of them. They were never 
reinstated under any conditions. 

If complaint is to be made against the employment of these 
guards and deputy sheriffs, we insist that the complaint be carried 
back to those who necessitated their employment by the institution 
of a lawless reign in the communities where they were employed. 

JURIES. 

Under this head of political injustice, counsel has seen fit to 
criticize the juries of Huerfano County. The frequent return of the 
same name on the jury rolls of Huerfano County is accounted for in 
the evidence. The method of selecting juries is provided for by 
statute in the following manner. Section 3677, Revised Statutes, 
reads as follows: 

3677. Classification of counties for selection of jurors. Sec. 10. For the purpose of 
selecting jurors to serve in courts of record, the several counties in the State of Colorado 
shall be di\T.ded into four classes: Counties having 10,000 or more voters shall con- 
stitute the first class. Counties having 3,000, and not exceeding 10,000 voters, shall 
constitute the second class. Counties having 1,000, and not exceeding 3,000 voters, 
shall constitute the third class. Counties having less than 1,000 voters shall con- 
stitute the fourth class. The board of county commissioners in each county in this 
State 60 days or more before the time appointed for holding a district court in such 
county shall select from the inhabitants of such county having the qualifications 
prescribed by law and not exempt from jury duty, competent persons to serve as 
jurors in number and manner following, that is to say, in counties of the first class, 
there shall be selected 800 names. In counties of the second class, 300 names. In 
counties of the third class, 200 names. In counties of the fourth class, 100 names. 
The county treasurers of the respective counties shall, at the request of the board 
of county commissioners, deliver to said board, free of charge, in alphabetical order, 
a list of male inhabitants of their county who pay taxes, and the board of commis- 
sioners shall select names of jurors from residents of said county, so far as practicable 
from such list, but shall have the right to add thereto the names of persons qualified 
for jury duty under the laws of this State until the full complement of names are 
selected. 

Huerfano County polls more than 3,000 votes, and is consequently 
in the second class for the selection of juries. Section 3680 provides 
for tjic mannor of drawing the jury, and is as follows: 

3680. Clerk draw jury in presence of sheriff — Venire — Talesmen. Sec. 13. The clerk 
of the district court shall write the names certified to him as aforesaid on ballots, one 
name on each ballot, and place such ballots in one compartment of the said box. 
At least 30 days prior to the term of the court, and afterwards as often as the court shall 
order, the clerk of the district court shall call to his assistance the sheriff of the county 
and in the presence of the sheriff draw by chance from the compartment of the said 
box in which the names have been placed, a sufficient number of grand and petit 
jurors for the next term of the district court of such county. When so drawn the ballots 
shall be placed in the other compartment of the said box. 

It will be observed from the section first above (juoted that the 
names of the jurors properly come from a list of the inhabitant male 
taxpayers of the county. 



56 CONDITIOXS IX THE COAL MINES OF COLOKADO. 

From the testimony of ^Ir. Dick (p. 2135) we find that the number 
of male taxpayers, as shown by the tax rolls for the year 1912, in 
Huerfano County, was 1,160. When you exclude from this list the 
number over age and otherwise exempt from jury service you have 
a very much reduced list, and when you come to return the 300 
names as required by statute every six months, you soon exhaust 
the list and necessarily have to repeat. This accounts for the repe- 
tition of names as shown by the testimony of the witness Hudson 
and referred to in brief of counsel. But with all this complaint of 
professional jurors they never have presented a case in wmch they 
claimed that the verdict of the jury was wrong. If the verdicts are 
right and justice done, why attack the repeated service of the juror ? 
This same clerk who testified on this subject is the man who draws 
the jury under the law; and if there is anything wrong about it, why 
didn't he report it to the court? If wrong there is, he is the fellow 
who is responsible for it. 

VIOLENCE. 

We are somewhat surprised that counsel, in the face of the testi- 
mony introduced before this committee, has the eftVontery to inti- 
mate that the shooting on the 7th day of October, 1913, which aU 
seem to agree was the commencement of the reign of terror which 
was set on foot by the strikers in the coal fields, was started by the 
mine guards. This is the occurrence known as the attack on Belk's 
automobile. The committee will recall that we put on practically 
every man who was in the automobile, excepting Belcher. He had, 
previous to the convening of this committee, been assassinated by 
ZancanelU, under employment so to do from A. B. McGarry, one of 
the mine workers' organizers. 

There must have been several hundred strikers who witnessed 
that attack on the automobile. If it were true that anyone from 
the automobile fired the fii^st shot, probably a hundred people from 
the tent colony could have testified to it. And yet not one single 
witness from the tent colony was placed upon the stand. They 
introduced Mre. Derr, who testified that she heard shots before the 
battle, and that they sounded like they came from the hills between 
Tobasco and Hastmgs. The road upon which the automobile was 
traveling at the time it was fii^d upon runs between the Ludlow 
station and the hills to which ^Irs. Derr referred, and the impression 
is sought to be left that, inasmuch as the shots came from toward 
the hills, or from the hills properly, they were probably fired by the 
mine guards on that road. But the testimony of Mrs. Derr when 
analyzed does not admit of this conclusion. 

On cross-examination Mrs. Derr tells us that her house is located 
below the fill of the Colorado & Southeastern road. The committee 
saw the grounds out there, and will remember that the road on 
which the automobile was traveling was about on a level ^viih Mrs. 
Derr's house, but the fill of the Colorado & Southeastern, over which 
the bullet heard by Mrs. Derr had first to pass, was above her house 
and Mng between the road and the house. Now, if a party on the 
road ^had fired the shot, to get it over this fill it would have to 
be fired upward at an angle of probably 45°, and by the time it 



CONDITIONS IN THE COAL MINES OF COLORADO. 57 

reached a point over the house it would have been so high that the 
witness could not have heard it. So, undoubtedly, the shot came 
practically on a horizontal from the hills which lie above the level 
of Mrs. Derr's house in order for her to hear it. 

Now, a witness by the name of Cruz Villobos, whose testimony is 
found on page 1595 of the record, and who testified that he was a 
railroad section hand working on the Colorado & Southeastern 
Railroad, which will be remembered is the road crossing over the 
Colorado & Southern, and on which the fill exists, spoken of by the 
witness, Mrs. Derr, testifies that he saw some men in the forenoon, 
armed men from the tejit colony, and that ^'before this affair started, 
they started — went to that hill" — meaning the hill referred to by the 
witness, Mrs. Derr, as lying above her house and on the other side 
of the automobile road; and the affair to which the witness aliivies 
is the firing on the automobile on the afternoon of October 7. The 
inference is clear, and the only one which can be safely drawn, that 
the men in the hills fired the shots to which Mrs. Derr referred. 
Whether they were fired at the automobile or fired as a signal to 
bring the strikers from the tent colony to the overhead bridge 
nobody knows and nobody cares, but it is clear that the occupants 
of the automobile did not fire the shots, as counsel would have us 
believe. 

And the only quotation from which they seek to have us believe 
that the men in the automobile fired the shots is the quotation from 
the witnesses, Chapin and Holt, from which it is probably inferable 
that some of the occupants of the automobile anticipated they would 
be fired on. Why shouldn't they anticipate it when, as testified to 
by the witnesses, they saw the men conung across the flat from the 
tent colony toward them in large numbers ? Besides, it was probably 
the second hill they were coming to when they anticipated a renewal 
of the shooting which had previously been directed toward them. 
(See testimony of Chapin, Kec, p. 1538.) Besides, it will be re- 
membered that the strikers from the Ludlow tent colony on that 
day were on a perfect rampage. They not only fired on the Belk 
automobile, but they fired on John Farrich's automobile, and on 
Dr. Curry and on Mr. Sherman. (See testimony of Dr. Curry, Rec, 
p. 1729; J. F. Sherman, Rec, p. 1756; John Farrich, Rec, p. 1615.) 

Taking the testimony, all told, on the question of violence, there 
can be no doubt entertained but that the firing was started in each 
instance by the strikers, and that they were the aggressors from 
start to finish. (See testimony of McDermott, Geo. F. Perdon, 
Kennedy, Wilson, Karas, W. J. Cunningham, Sam. S. Smith, Zeke 
Martin, "^W. J. Smith, F. E. Rose, John Benedetti, and James K. 
Doughertv, Rec, pp. 1640, 1650, 1656, 1660, 1663, 1668, 1693, 1694, 
1700, 1742.) 

The testimony of Mrs. Mack Powell is referred to as evidence that 
the guards killed her husband on October 9. Let us examine this 
testimony. 

Wlien her cross-examination is read, in the light of other testi- 
mony in this case, and the physical facts, as disclosed by the testi- 
mony to the committee, it will be observed that her testimony is 
just the contrary of the inference counsel has drawn from it. It 
will be recalled that the wdtness stated, in substance, that some 
parties whom she took to be guards, with a rag tied around the left 



58 CONDITIONS IK THE COAL MINES OE COLORADO. 

arm — a white cloth — came into the yard where her grandmother 
lived to get a drink of water. She does not state that the cloth was 
an emblem worn by the guards, but that she supposed it was. The 
committee ^viU remember that it was testified to by a number of 
witnesses that the strikers who shot Angus Alexander on the 28th 
day of October, 1913, wore a white cloth or handkerchief around the 
left arm. 

But ]\Irs. Powell further testified that these persons, marked as 
aforesaid, whom she supposed to be guards, came from the steel 
bridge. Now, all the evidence upon tliis subject shows that the 
steel bridge on that occasion was occupied by the strikers. That is 
why the guards could not dislodge them. They were behind the 
breastwork afforded by the 3-foot steel girder over that bridge. 
F.- E. Rose, McDermott, Villobos — every ^vitness, in fact, who testi- 
fied to that battle — placed the strikers in possession of the steel 
bridge; and there is no doubt upon the part of ^Irs. Powell that the 
steel bridge is where they came from. Here is her testimony upon the 
subject (Sec, p. 1915): 

Q. Were you in the house when the guards rode up? — ^A. No, sir; they were afoot; 
came up through the yard — I was standing there tu the yard with her. 

Q. When did you first see them? — ^A. Down at the bridge. 

Q. At the bridge? — A. Yes, sir; at the steel bridge. 

Q. I thought you said they came from the bridge down. — A. They came down to 
the bridge first. " 

Q. Oh, down to the steel bridge? — ^A._ Yes, sir. 

Q. This overhead bridge? — A. Yes, sir. 

Q. You saw them go down there? — A. Yes, sir. 

Q. Then you saw them come back afoot? — A. Yes, sir; up along the track. 

Q. Along the C. & S. E. track?— A. Not the C. & S. E. track; the C. & S. main line. 

Q. The main Une? — A. Yes, sir. 

Q. They came from the steel bridge up to your house? — A. Yes, sir; up through 
the yard. 

Q. And they were getting a drink of water? — ^A. They got a drink at the cistern, and 
they went on up through the field. 

Q\ Where did you first see them? — A. I first seen them when they came to the 
bridge. 

Q. And you watched them coming on up toward your house? — ^A. Yes, sir. 

Q. You and vour grandmother were in the door? — ^A. We were standing in the 
yard — my grandmother and I. 

Q. Yes; when they got up there she asked them if anybody had been hurt? — ^A. Yes 
sir. 

Q. Then they made the response to which you have testified? — A. Yes, sir. 

One reading this testimony and rereading it can not be mistaken 
as to the truth of what the witness said. She did not leave it for 
conjecture. The steel bridge was not suggested to her: she names it 
herself. Let us reread the question : 

Q. ^Tien did you first see them? — A. Down at the bridge. 
Q. At the bridge?— A. Yes, sir; at the steel bridge. 

Q. I thought you said they came from the bridge dowTi?^A. They came down to 
the bridge first. 

******* 

Q. Then you saw them come back afoot? — A. Yes; up along the track. 

Of course, the witness was impressed with what she saw, because 
she received from these men the startling information that her hus- 
band had been killed. In her own heart she thought it was the 
guards who had killed him; but the facts which she relates disclose 
beyond peradventure of a doubt that it was the strikers who killed 
him. 



CONDITIONS IN THE COAL MINES OF COLORADO. 59 

We have related a few of the many horrible crimes which these 
strikers committed, and we are not going to take them up in this 
portion of our brief seriatim ; and what we have said we do not want 
appHed as the rank and file of the strikers. Our criticism is against 
the leaders, who told and misled the more easily deluded into the 
perpetration of these desperate crimes. The leaders do not deny — 
and neither do counsel in their brief- — the commission of these crimes, 
but, as hereinbefore stated, attempt to justify them upon the 
ground that they were aggravated. And in this same breath they 
cite the constitutional provisions guaranteeing the right to bear arms. 
This guaranty does not mean the right to violate the ordinary rules 
of society. It means what it says, to ''bear arms in the defense of 
the home.'' But these people went away from their homes and 
looked up the trouble. Such was the case when they went out onto 
the highway more than a mile and fired on Belk and his party; such 
was the case when they went to Forbes, about 5 miles, and fired into 
the camp; and such was the case when they went to Berwind and 
Tobasco and fired into the homes of defenseless women and children. 
We can not conceive that the constitutional convention of the State, 
or the people represented at that convention, ever imagined that 
persons would apply this constitutional protection as authorizing 
them to go out and murder innocent people upon the highways. 

SEARCHLIGHTS AND MACHINE GUNS. 

Probably no other subject has caused a greater number of hyster- 
ical spasms on the part of the strikers and their friends since the com- 
mencement of the strike, than these two names. It was disclosed 
in the evidence that after the violence of the strikers began, the mine 
operators at many of their principal mines constructed a high tower 
on some elevation and placed thereon a revolving searchlight to cast 
its rays several miles. The purpose was fully explained by witnesses 
on the stand. The light was placed there and kept burning and 
revolving throughout the night so that prowlers or persons attempt- 
ing by stealth or otherwise to slip onto the mine or the houses of the 
little viUage surrounding the mine, could be discovered. At this 
the miners hurled themselves in a perfect rage. Why, no one 
knows. If they are honest in their movements, why should they 
object to their being known. The greatest wail on this subject prob- 
ably came from the Ludlow tent colony. It can not be that they 
merely objected to having the light shine on their colony because 
they were so located on the railroad that every train that passed at 
night, and there are many of them on the Colorado & Southern, 
threw the glare of the headlight into their colony from quite a dis- 
tance on either the north and south approach. Of this, no com- 
plaint was ever heard, even though the glare was quite as brilliant 
as from the searchlight. The truth is quite apparent. The parties 
engaged in the revolt felt outraged that a plan had been discovered 
and put in operation which has disclosed their secret, stealthy 
approaches on the mines which they hoped, in the darkenss of the 
night, to surprise and capture. 

The same purpose, namely, protection, is the cause for installing 
the machine gun, and it is the fact that it was a protection and a 
defense against which the strikers were afraid to go, that prompted the 



60 CONDITIONS IN THE COAL MINES OF COLORADO. 

tirade of abuse against those who adopted the machine gun. When 
the operators discovered that they could not hope from the admin- 
istrators of the law in the State of Colorado the protection which 
the constitution guarantees every man in his personal liberty and 
property holding, and being unable to get sufficient guards to defend 
their mines, they made up for the deficiency by installing the ma- 
chine gun, which is a safe harmless "critter" so long as you do not 
get in front of it when in action. 

The armored machine gun about which so much has been said, 
vras hastily constructed after several battles had been started by 
the miners, so that people operating the gun could be protected as 
they carried it from one mine to another, as simultaneous attacks 
upon them might require. If parties are forced to defend themselves, 
we can conceive of no reason why they should not put up the best 
and safest defense possible. 

THE MILITIA. 

We doubt if there is any one course of conduct that displays more 
fi.agrantly tne unfairness, unreliability, and utter lack of gratitude on 
the part of the leaders of the United Mine Workers of America in this 
entire controversy than their unjustifiable and unprovoked vilifica- 
tion of the State militia. 

The life of the soldier, at best, in peace or in war, is an unenviable 
one. The war experience of the citizen soldiery is peculiarly dis- 
appointing and noncompensatory. His services are almost invariably 
called into requisition as the resmt of civil discord or local insurrection, 
which, as experience discloses, engenders the most bitter feeling of all 
hostilities; and the soldier is the point of attack and univei^al criticism 
hy those whose will or desire comes in contact with the execution of 
the law. 

The history leading up to the advent of the militia in the strike field 
is familiar to the people of our State and is recorded ui the record of 
proceedings here. It will be recalled that early in the difficulties 
embraced in this controversy the peace officers of the law of Las 
Animas and Huerfano Counties, not only appealed to but plead wiih 
our State executive to mobilize the State troops, to the end that 
property could be protected and life preserved. It is also equally 
clear that the principal reason for the tardiness of the executive's 
action was the confessedly undue influence exerted over him by the 
strike leaders. It will be recalled that the leader Lawson, on the 
witness stand, spoke.mth pride of the fact that he had been appointed 
by Gov. Ammons as one of his political executive committee in the 
Democratic Part}^ in the State of Colorado. This influence is not 
denied by anybody; and even though sporadic outbursts of violence 
had occurred, m which human life had been sacrificed, from the 23d 
day of September, up to the 8th day of October, it was not until a 
contiQued three days' battle had been waged in the mountains around 
Ludlow, and several people killed and others wounded, that the chief 
executive reluctantly consented to send the militia into the field and 
then under the most rigid restriction as to the limit and extent of the 
authority which they should exercise. 

It can not be doubted but that the governor's sj^mpathies were with 
the strikers and that he desired them to win. Else why should he, by 



CONDITIONS IN THE COAL MINES OF COLORADO. 61 

executive order, direct the military officers to prevent the importatioD 
of employees to work in the mines ? There was no law to prevent it. 
It was a right which the operators had, and it was a right which the 
laborers had. Yet, during the early part of the military occupation^ 
protection to those desiring to come into the field from the outside to 
work was withheld and their entrance to the field prohibited. But 
notwithstanding this unusual favoritism, coming from a source where 
under the law it should have been least expected, these parties have 
not hesitated to condemn on the witness stand the action of Gov. 
Amnions wherever it happend to displease them. No less unfair has 
been their criticism of the mihtia. When they were sent into the 
field they came with an easily discoverable bias in favor of the strikers. 
Their first step toward disarmament, which will be later related in the 
language of the commanding general himself, was to disarm the mine 
guards and peace officers of the two counties. But the strikers 
refused to give up their arms, and, notwithstanding the indulgence of 
the officers in permitting them to keep their arms, they proceeded to 
make evidence for the discomfiture and slander of the State troops. 
No matter how much they may slander them, no matter how much the 
lawbreaker detests the State militia- — as they detest other officers who 
attempt to enforce the law contrary to their wisheS' — the good citizens 
of the affected region can not suppress the deepest feehng of gratitude 
for the State soldiery. 

In the midst of terror and uncertainty of life which had been visited 
upon it b}^ the strikers the soldiers came. The more loudly his foot- 
steps were heard, the more faithful, patient, and courageous he was in 
the discharge of his duties, the more soundly the law-abiding citizens 
slept. And it is the recollection of this peace and happiness of mind 
carried into our midst by the uniformed soldier that makes us feel a 
spirit of resentment against the imported agitator who slanders our 
laws and the representatives of it. 

It is to be regretted that a probably mistaken idea of propriety 
deterred the proper officers of the guards from appearing before this 
committee and refuting by sworn testimony the many base charges 
that were made against them. But the commanding general has seen 
fit to make a statement for the use of this committee: and so lucid 
and clear are many passages thereof on subjects pertinent for this 
committee s consideration that we take the liberty of quoting a few 
of them. 

On the subject of disarmament we quote from pages 12, 13, and 14 
of the general's report to the governor for the use of this committee. 

On the 31st day f October, the third day of the occupation, when the establish- 
ment of the military camps was well under way, I undertook, pursuant to your excel- 
lency's express directions, to disarm both sides of the conflict that I found raging 
upon my arrival. Realizing that in the event of the concealment of their weapons 
I would have great difficulty in disarming the combatants, I consulted the strike leaders , 
including John R. Lawson, and obtained from them, and especially from him, an 
assurance that if I first disarmed the mine guards employed through the Baldwin- 
Felts Detective Agency to guard the operators' properties, the strikers would then 
cheerfully surrender the arms in their possession. It must be remembered that upon 
our first coming into the field the National Guard had at least the ostensible welcome 
and apparent cordial cooperation of the striking miners. Relying upon the assurances 
given me by Mr. Lawson and the other strike leaders, I proceeded to disarm the mine 
guards upon the various properties, against whom the most bitter feeling of the strikers 
prevailed. In the disarmament of these mine guards I had no difficulty whatever. 
They were assembled by their employers, the operating companies, and promptly 



62 CONDITIONS IN THE COAL MINES OF COLORADO. 

turned over the high-power rifles with which they had been supplied. This disarma- 
ment I carried on with respect to the mine guards and employees of the operating 
companies in every camp throughout the entire strike zone, and speedily finished 
the complete disarmament of that side of the industrial conflict. 

It was arranged, upon the completion of the disarmament of the operators, that the 
military receive the arms of the strikers, and accordingly upon the 1st of November, 
1913, by an agreement between myself and the strike leaders, a parade of the troops 
to the tent colony at Ludlow, by far the largest of the strikers' colonies, was arranged. 
From all appearances the very best feeling prevailed between the troops and the 
strikers. I paraded detachments of the troops of various arms within Las Animas 
County at the Ludlow tent colony, upon the suggestion and invitation of the strike 
leaders, including Mr. Lawson. My object was not only to receive the arms of the 
strikers, as promised, but to occupy peaceably and with good feeling the strategic 
points in the canyons about Ludlow, which the presence of so large a body of armed 
men might have m.ade difficult of accomplishment without bloodshed had my entrance 
been disputed. 

The parade of the troops at the Ludlow tent colony was memorable. The road for 
a half mile or more between the point of detraining and the entrance to the colony 
was lined on either side by men, women, and children. Many of the men were in 
the strange costume of the Greek, Montenegrin, Servian, and Bulgarian armies, for 
the colony numbered among its inhabitants m^any returned veterans of the Balkan 
wars. The little children were dressed in white, as for a Sunday-school picnic. All 
carried small American flags and sang continually the union songs. Through this 
line of men, women, and children the troops paraded — infantry, cavalry, and field 
artillery. Flags were waved in welcome, and an improvised band of the strikers 
heralded our approach. 

We passed by Ludlow, occupied the Berwind and Hastings canyons, and then 
retiu"ned to the colony to receive the surrender of the hundreds of high-power rifles 
I knew the strikers to be possessed of. At this point occurred the first instance of 
bad faith on the part of the striking people. Expecting to receive hundreds, if not 
thousands, of arms, there were delivered into my possession some 20 or 30 weapons, 
many of them of obsolete patterns, the strikers topping off .the humor of the situation 
by including in the dehvery of arms a child's toy pop-gun. Since that time the 
recovery of the strikers' arms has been attended with the greatest difficulty; it has 
been a game of hide-and-seek, and while I have been able to recover a few at a time, 
a large number of high-power weapons, belonging to the union, from various hiding 
places, I will state that there are hundreds of guns still concealed and waiting occasion 
for use. 

The infideiity of the strikers in their failure to clehver their arms 
to Gen. Chase under their promise so to do is in strict keeping with 
the violation of their solemn promise to this committee, through their 
counsel, to prepare and furnish to the committee the bills shovv^ing 
the purchase by the organization of arms and ammunition. It will 
be recalled that the operators furnished the bills for all the arms and 
ammunition they had purchased, and this was done upon the under- 
standing that it should not be used -until bills of the strikers covering 
the same subject were also furnished. This act of insubordination 
and treachery should convince the committee of the character of the 
organization's leaders, and indicates with what readiness they con- 
ceal that which they feel may prove injurious to them in their law- 
lessness or their cause. 

Also, on the matter of the enlistment of mine guards. The charge 
is made that the militia acted as strike breakers. If it is meant by 
this the person who takes the place of another on strike, we fail to 
recall any testimony showing such fact. If they aided those who 
desired to perform a lawful avocation in gaining a livelihood, then 
they did no more than was their duty according to law. On the 
subject of the enlistment of mine guards, we quote from page 37 of 
the report of the commanding general above referred to, as follows: 



CONDITIONS IN THE COAL MINES OF COLORADO. 63 

The enlisted personnel of the National Guard of Colorado is largely made up of small 
property owners, clerks, professional men, and farmers. It has always been the custom 
upon mobilization of the troops for protracted service to relieve from duty those soldiers 
whose presence at home is most greatly needed, enlisting in their places men who 
have served in the Kegular Army, in the Marine Corps, and Navy, and the National 
Guard of this and other States, great numbers of whom are usually available in the 
cities and towns of the State. Among the mine guards who were thrown out of em- 
ployment by the presence of the troops in the field a few ex-soldiers were found whose 
discharge papers were of such a character that it seemed desirable to enlist them in 
the National Guard of Colorado. So far as it has been possible to ascertain, no Baldwin- 
Felts man ever offered himself for enlistment or became enrolled in the service. All 
men enlisted in the National Guard were given the pay of the rank in which they 
were ser^'ing as soldiers and were subject to the same orders as other soldiers. A few 
of the men enlisted among the mine guards were paid for a time additional sums by 
the operators. This is a matter in which the commanding general has no interest, 
as it has been customary for business houses to continue the pay of employees who 
are serving the State under orders of the governor. 

And on the subject of strike breakers, from pages 38, 39, and 40, 
as follows: 

In the governor's letter of instruction dated October 28, 1913, occurred the following 
order: 

"To see that all persons desiring to return to work shall be permitted to do so and to 
go and come when they will without molestation or interference of any kind whatsoever 
and during the restoration of order or until fm'ther orders no strikebreakers shall be 
shipped in. 

"With these purposes in view you should have the fullest cooperation of every 
good citizen." 

Every operator in the strike zone was promptly notified of this ruling, and was 
directed that any plans under consideration for the introduction of workmen from out- 
side the State of Colorado should be withdrawn until such time as the governor lifted 
the prohibition for the introduction of workmen from without the State. One band of 
12 Japanese was permitted to come in by a special permit of the governor, as they 
had previously worked in the strike zone and were fully cognizant of the fact that 
the strike was in progress. The governor directed by telephone that at any time 
when two or three former workmen desired to return to any of the mines, they should 
be allowed to do it. The strike leaders repeatedly called the attention of the com- 
manding general to alleged efforts to violate the order concerning the introduction of 
workmen. Each case was investigated by an officer detailed for the purpose, and in 
only one instance — that of the introduction of jMexicans at Gray Creek — was there 
even an appearance of an effort to evade the order of the governor. 

Prior to the issuance of General Order No. 17, a copy of which is attached, the 
operators were informed that they would not be permitted to import to their mines any 
workmen who had not previously been interrogated by an officer of the National Guard 
as to his knowledge of the strike and conditions of employment in the State of Colorado. 
Each officer of the National Guard was furnished with copies of General Order No. 17, 
and the order was printed in the local press. The first importation of workmen 
arrived from the East, passing through La Junta. In order to test the efficacy of the 
method adopted for interviewing workmen, Capt. Nickerson was sent to La Junta to 
meet the train bearing the workmen. Upon his recommendation that there was 
ample time after the arrival of workmen in the district to test their knowledge of the 
strike and labor conditions in Colorado, no other officer was sent out of the strike zone 
to intercept workmen. Upon several occasions complaints were made that workmen 
had been brought into the mines without a complete check being made, officers were 
detailed to investigate, and their reports show that in each instance the check had 
been thoroughly made. 

Prior to the promulgation of General Order No. 17, the operators were invited to 
a conference with the commanding general to devise a scheme of notification to the 
workmen entering the strike zone which would give evidence of compliance with 
the law. At this time notices were drafted and printed in several languages, which 
were afterwards, as I am informed, supplied to each laborer imported. One of these 
printed notices is attached hereto. 

It has been contended that many persons were brought into the 
field under misrepresentation as to the existence of the strike. This 
can attract but little attention when it is known that scarcely a labor- 



64 CONDITIONS IN THE COAL MINES OF COLORADO. 

ing field on the face of the globe was ignorant of this strike. Parties 
who came in from Pittsburgh and other places to work in the fields 
told this committee that ever3^body knew about the strike, even before 
the employment agents sought theh services. As stated by one 
witness, the strikers sent a man to Pittsburgh, w^ho was there before 
the first crowd of employees left for the West, and there addressed 
them in a meeting and pleaded with them not to come West, as a 
strike was on. So that at least that crowd had both sides of the 
story; and yet they came, as did the others, because they needed the 
work and the wages attendant upon it. 

This is corroborated by the testimony of Charles Morgan, which, 
beginning on page 705 of the record, is as follows: 
Direct examination by Mr. Northcutt; 

Q. State to the committee your name, please. — A. Charles Morgan. 

Q. Where do you reside? — A. At Berwind now. 

Q. How old are you? — ^A. Sixty-two. 

Q. What is your vocation? — A. Coal miner. 

Q. How long have you been engaged in that vocation? — A. Fifty-one years. 

Q. Where were you during the month of December, 1913?— A. Pittsburgh, Pa. 

Q. How long had you been there previous to that date? — A. Nineteen years. 

Q. What were you doing there? — A. I was timber man, load man, and general 
utility man in and around a mine with the Pittsburgh Coal Co. at Richers, at Dravos- 
burg, Pa. 

Q. When did you leave there, Mr. Morgan? — ^A. I think about the 22d of Decem- 
ber, 1913. 

Q. Kindly state to the committee what induced you to come. — A. To better my 
condition. 

Q. State the particular matter and the circumstances under which you came. — 
A. I came out here believing that I could make more, which I found that I could do^ 
in Colorado, than I formerly could do in Pennsylvania. 

Q. With whom did you come — what was the occasion of your coming? — A. I came 
here with Mr. Cribbs. 

Q. Did you see any notices or advertisements which suggested the matter to you? — 
A. Yes, sir. 

Q. What was it? — A. A\Tiy, that there was a strike on in Colorado and it gave the 
prices per ton here and the wages per ton, and I understood it to be a nonunion mine. 
I am a nonunion man in Pennsylvania. 

Q. Was there a call for men? — A. There was; yes, sir. 

Q. And you responded to that call? — A. I surely did; yes, sir. 

Q. Where were you employed? — A. Now? 

Q. I say where were you employed — where was the contract made? — A. In Pitts- 
burgh. 

Q. Any particular office or place? — A. Yes, sir; 1144 Penn Avenue. 

Q. State what, if any, indications there were in and about that office indicating the 
conditions which obtained out here. — A. Well, there was notices posted there and also 
down on tlie street that there was a strike on in Colorado. 

Q. Were those notices in different languages? — A. They w^ere. I saw them m Eng- 
lish and three or four other languages that I can understand. 

Q. You signed one of them? — A. I did. 

Q. May 1 have one of those forms of contract — the one signed by this party doesn't 
seem to be here — the one that is on file? Have you one, sii-? — A. I think I have. 

Q. How many were there came out at that time? Do you know? 

(No response.) 

Q. I show you Exhibit 27 and ask you if that is a contract of the character which you 
signed that they had posted there? — A.. Yes, sir; that is practically the same as I 
signed. 

Q. Now, you left there on what date did you say? — A. I think it was about the 22d 
of December. 1 won't be positive, but it was somewhere near there. 

Q. State approximately how m.any people came with you. — A. Well, I wouldn't 
state that, but there was "something in the neighborhood of probably 200. 

Q. Do you know whether or not there was an Italian boy in the crowd named 
Perretti? — A. I don't know. 
Q. Could you distinguish them by name? — A. No, sir. 



CONDITIOXS IN THE COAL MINES OF COLORADO. 65 

Q. Will you kindly tftll the coininittee what tho conditions — the travelinG; condi- 
tions — of your trip were? — A. "Well, I can only speak for myself personally. I found 
them very satisfactory. 

Q. How about your provisions and edibles; did you have plenty to eat? — A. All 
that I wished for. 

Q. Did the others, so far as you could see, have plenty to eat? — A. Yes, sir. 

Q. "W'iiat were the opportunities of leaving the train at any time if you wanted to? — 
A. Well, you see, I don't know. For my part I can only speak for myself — I didn't 
want to leave — I don't know. I didn't try to get out of the train. _ 

Q. "\\ ell, were there opportunities that a person could have left if they had wanted 
to? — A. I believe so; yes, sii; because I seen quite a lot of the boys that were out of 
the train when it stopped frequently. 

Q . Can you state any particular place where there was a mishap or a delay en route? — 
A. No, sir; I can't recall any. 

Q. Do you remember the engine becondng disabled or broken or anything? — A. 
Yes, sir; 1 remember, I think, on this side of Chicago some place there was an engine — 
we lost a little time owing to the engine. 

Q. You were put off on the siding'? — A. I don't know whether that was a siding or 
not, because I was not conversant with the track or the country there. 

Q. Be that as it may , did the people get off the train and exercise around the train? — 
A. Yes, sir. 

Q. There were no soldiers or guards or anything preventing them doing as they 
pleased? — A. Oh, no; not to my knowledge. 

Q. Now, what time did you get to Trinidad? — A. Some time in the evening— it was, 
I think, a Kttie before dusk. 

Q. Then you went where? — A. To Berwind. 

Q. And there you went to work? — A. I didn't go to work — landed there Christmas 
eve, and I didn't go to work on Friday because I am superstitious. I started on 
Saturday and I worked every day there from that time on. 

Q. Saturday after landing? — A. Yes, sir. 

Q. ^^^lat are you doing there? — A. I am a timberman. 

Q. ^^^lat are the conditions — what do you get? — A. I get $3.50 a day. I have charge 
of the night gang. 

Q. WTiat are the working conditions in and about the mine there? Just tell the 
committee fully. — A. I find them better than the community I left in Pennsylvania. 

Q. ^Miere was that?— A. This is No. 5, Pittsburgh. 

Q. Was that a union mine? — A. Yes, sir — I am a nonunion man, but we have all got 
to be union men there because they have what we call a check-off system. They take 
our union dues off in the office. We are compelled to be whether we want to or not. 

Q. And you have to belong to the union in order to work there? — A. Yes, sir. 

Q. Whether it meets with your approval? — A. Approbation or not; we have to pay 
the strike benefit whether it is agreeable or not. 

Q. About what have those been running for the two months preceding your going 
awav? 



Mr. CosTiGAN. I don't suppose that is material to this inquiry, but we have no 
objection. 

Mr. NoRTHCUTT. It seems to me it might be material in this inquiry — considerably. 
It was testified to here upon the stand that union conditions were better, for both men 
and employees — many reasons given for it— wages better, conditions better, and 
environment better, and so forth. Now, here is a man who has had experience, and 
we have called him in. Among reasons he states the payment of dues compulsory, in 
order to work, wliich he didn't want to pay. 

Mr. Herrixgton. Penalties and fines. 

Mr. CosTiGAN. He has not suggested penalties and fines yet, Mr. Harrington. 

Mr. NoRTHCUTT. It seems to me it is material in the light of the testimony we have 
had upon that subject — not going into it to any great extent. 

Chairman Foster. The chair thinks that under any circumstances he might answer 
that question. 

By Mr. Northcutt: 

Q. Can you tell about what the assessments — I don't care whether they were for 
dues, or penalties, or benefit funds, or what they were— what did they aggregate per 
month? — A. Why, they would average about $1 a month for strike assessments. 

Q. Yes. — -A. For instance, two years ago we had a strike in the Westmoreland field 
and I paid $11, and the rest of them— there were 30,000 coal miners in No. 5 district in 
western Pennsylvania— they paid $14. I kicked. 

48852—14 5 



66 CONDITIOiSro IX THE COAL MIITES OF COLOEADO. 

Q. For how long a time was the $il aasessment?— A. For 14 months, and I paid $11 
and then I raised an objection, and they threatened to close the mine or strike aeain, 
and I told them to go ahead and give us men who owned property. If they threw me 
out of my work, I would only have to come back on them. 

By Mr. Byenes; 

Q. Who told you all this?— A. The secretary- of our local assembly, 1428. 

Q. Were you then a member of the union?— A. Yes, sir: I went there to raise an 
objection, and we called an open meeting, and a great many other nonunion men 
were incited, too. 

By Mr. Sutheblaxd: 

Q. I thought you said you were compelled to be a member of the union there?— 
A. They wanted to charge me flO for initiation and I positivelv refused, but we are 
compelled to be an organized man, because our dues is kept o2 in the office. 

_Q. Then you were a member, were you not?— A. Xo, sir; because I would quit a 
mine before I would become a member. 

Q. Were other workmen compelled to be a member of the union? — ^A. I was com- 
pelled to be a union man by pacing my strike assessments and mv union dues, but I 
did not affiliate. 

By Chairman Foster: 

Q. Did you go into a mine working with the understanding that you were to pav 
that — did you know it when you went in?— A. Yes; we aU knew it. 

Q. Were you ever in a place where you were thrown out of emplovment because 
of a strike? — A. Hundreds of times. 

Q. Didn't you receive any benefits? — A. Never in my life. 

By ^Ir. Northcittt: 
Q. In other words, Mr. Witness, while you were required, in order to work, to sub- 
mit to the assessments and contributions, you didn't take out a union card? — ^A. No, sir. 
Q. But in order to work you were required to submit to the assessments? — A. Yes, sir. 

By ^Ir. Sutherland; 

Q. Didn't you just say you called an open meeting? — A. Yes, sir; as a protest 
against paying this. 

Q. Wasn't that a union meeting? — A. No, sir; for mostly unorganized men. It was 
an open meeting. 

By Mr. NoRTHCim: 
Q. What did you say they threatened to do? — A. To close the mine. 
Q. Who was it threatened to close it? — A. The union men. 
Q. Did you quit work? — ^A. No, sir. 

By Mr. Sutheblaxd: 
Q. Did you have a union card? — A. No, sir. 

Q. Never had a union card? — A. I had one, but that has been over 23 years ago. 
Q. Don't you have a card at this time? — A. No, sir. 

By Mr. Northcutt: 

Q, Now tell the committee what you know or have observed of the conduct of the 
soldiers out here at Berwind or elseWhere in the county- since you have been here. — 
A. Well, I have never been in the county any more than at Berwind until this morning. 
I left Berwind this morning and came up' here, and I don't know an\-thing at adl 
about the actions of the soldiers more than I passed them going on my way to and from 
my work. As I say, I have worked every day since I have been there, with the 
exceptions of two, including this, and I am a law-abiding citizen — try to be — and I 
think everv'body else ought^to be. I have no fault to find with the soldiers. They 
have never interfered with me. In fact, I never saw them interfere with anybody 
else unless they were drunk and disorderly — doing poUce duty, taking drunks out. 

Q. By the way, in coming to town — you came down this morning, did you? — ^A. 
Yes, sir. ' 

Q. Any interference on the part of the soldiers or anybody else when you came 
down the canyon? — ^A. No, sir. 

By jMr. Byrnes: 

Q. The mine you were working at, was that unionized? — A.. Where? 
Q. Where you say they took your pay. — A. In Pennsyh-ania? 



CONDITIONS IN THE COAL MINES OF COLOKADO. 67 

Q Yes. — A. Yes, sir; all mines are union in Pennsylvania, because, as I explained 
to you. we have the check-off system. The operator 

Q. Wait a minute; it was unionized? — A. Yes, sir. 

Q. Even if you were not a member cf the union, but were working in the mine — 
did they let nonunion men work there too? — A. Because it is called an "open shop." 
Union as well as nonunion men are allowed to work, but the nonunion men are 
compelled to pay the strike assessments and pay union dues. 

Q. That is what I am driving at. Who compels you now? You say they compelled 
you. — A. The union. 

Q. They don't pay ycu? 

By Mr. Sutherland: 
Q. You mean they were deducted from the pay roll? — A. Yes, sir. 

By Mr. Byrnes: 

Q. Who deducted it? — A. The coal company we were working for. 

Q. But do they deduct it from nonunion men in that open shop? — A. Why, they 
certainly did — all over western Pennsylvania, my dear sir. 

Mr. NoRTHCUTT. We will examine these contracts better. I expect other counsel 
know better than I. I think likely the contract provides that all men who are working 
shall have deducted the assessments made by the company and certified by the local 
secretary. 

Mr. CosTiGAN. Have you a contract, or are you just testifying? 

Mr. NoRTHCUTT. There is one in evidence. 

Mr. Herrington. Several in evidence. 

Mr. Austin. You needn't go into that if the other side admits it. 

Mr. N.ORTHCUTT. Here is article 4, in which the operators agree to check off all 
dues, initiation fees, fines, assessments, from the miners and mine laborers; also 
checkweighman's fees, for which an order shall be signed by each miner or mine 
laborer, addressed to the operator, and shall be in the following form to wit — I pre- 
sume it is useless to read the form. 

By Mr. Sutherland: 

Q. Now, did you sign an order to the mine clerk or to the company superintendents 
directing them to make these deductions? — A. No, sir. 

Q. You didn't sign it? — A. No, sir; it ain't necessary; we all know the conditions 
under which we are working. Where we go in under the pit mouth in the morning, 
we know that we have got tc pay union dues, whether it is agreeable to us or not, if we 
are going in that mine to work. 

By Mr. Evans: 

Q. WTiere does this money go that you pay for union dues? — A. That is awfully 
hard for me to exj)lain. It would be impossible. Just to give you an illustration, 
two years ago, during that strike we had 12,000 men out in Westmoreland County, 
and there is 38.000 men; that is, there is union men, that we have got to pay this strike 
benefit, and they borrowed S750,000— $400,000 from the State of Ohio and $200,000 
from the State cf Illinois, and there was $38,000 a month from the Pittsburgh district 
for 12,000 men — why, if that was divided up among them it would buy them a $10,000 
farm. 

Q. You are not a union man? — A. No, sir. 

Q. How do you know these things? — ^A. By hearing the report of our delegate to 
the national convention, in the open meeting, making his report to us. 

Q. You heard the provisions of that union constitution just read there 

Mr. Brewster. That is not a union constitution 

Q. (Continuing.) Provided they would deduct those things for a man signing an 
order — you say you didn't sign an order? 

Mr. Brewster. This is in Colorado, is it not? 

Mr. NoRTHCUTT. It is the contract for the union men. 

Mr. Brewster. These contracts vary slightly. There is some places a check-off 
system, in other places not. This contract provided the check-off system in Boulder 
County in one mine, or in a set of mines, expiring 1910. The check-off system does 
exist in some places — not others. - 

Mr. Costigan. We desire the record to show that the paper from which Judge 
Northcutt read relates solely to the scale of wages and the contract in northern Colorado 
and not to the Pennsylvania fields. 

Mr. Northcutt. Now, if your honors please, I would like the gentlemen to present 
the contract under which they have been asking these operators to recognize their 
union. I have asked that several times and it has never been done. They have 



68 COITDITIONS IF THE COAL MINES OF COLORADO. 

shown to this committee the reason for that contract — the conditions under which 
they wish to operate, etc. Now, they certainly have a contract. I apprehend they 
have had one long pince prepared. In fact, they are operating now with some persons 
here under union conditions. Why don't they produce their contract? 

* * * * * * * 

Mr. CosTiGAN. When did you first join the union? 

The Witness. Along back in 1876. 

By Mr, Costigan; 

Q. Where?— A. In Pittsburgh, Pa. 

Q. What body was it? — A. It was called then the Knights of Labor. At first they 
didn't have no name, but later, in 1880, it was the Knights of Labor. 

Q. How long were you a member of that body? — A. Until T. V. Powderly made 
it, and then when they could not control it any longer, he tried to ruin it, and they 
got an injunction upon the Powderly and Burns factions, and then I left. 

Q. What year was that? — A. I don't know; it was some six or seven years after 
the disorganization. 

Q. What was the reason for your leaving? — A. Simply because the carpenters — it 
was a mixed assembly. The carpenters would probably be in the majority and the 
coal miners coming in, the carpenters would vote by a majority to the wages we should 
enjoy or work for. We weren't permitted to be our own best judges. I always reserve 
the right to make my best terms with my own employer and myself. 

Q. Was that a labor union? — A. It certainly was. 

Q. A trade union? — A. Labor trade. 

Q. Was it both?— A. Certainly. 

Q. Did it belong to the trade-union group or the labor-union group, as distinguished 
from the trade-union group? — A. It was labor union that amalgamated — all trades 
amalgamated together. 

Q. It was a combination of trades? — A. Yes, sir. 

Q. Were you regarded as a skilled worker? — A. Why, I have always been considered 
a first-class workman. 

Q. In what field were you skilled? — A. Coal-mine work, and particularly about 
laying the road or setting timbers, shooting overcasts and undercasts, hanging trapdoors. 

Q. Were there ever any union of men in that particular branch of coal mining? — 
A No, sir. 

Q. You never heard of an organization of those men particularly? — A. No, sir. 

Q. In the way the diggers are organized, for instance? — A. No, sir. 

Q. What dues did you formerly pay to the Knights of Labor? — A. The Knights of 
Labor? - 

Q. In the Knights of Labor; did you pay dues? — A. Yes, sir; about 25 cents a 
month. 

Q. When you left did you have any trouble when you did not associate yourself? — 
A. No, sir. 

Q. You seem to speak with a good deal of feehng about labor unions, and I wondered 
if they ever interfered with you? — A. The reason I speak with feehng, my dear sir, is 
because they have threatened to dispossess me of my privilege of labor; that is why I 
left the work in western Pennsylvania. 

Q. You are very fond of your right to contract with whom you please? — A. I cer- 
tainly am. 

Q. At any time you please; and you want the right to work for whomsoever you 
please, is that it, and for what hours you please? — ^A. Eight hours is sufficient for me 
at my age now. I am not speaking about that. 

Q. I say in the old days. Would you rather have worked more than eight hours? — 
A. If I was paid for it; certainly; when I was young and could stand the harder work 
and could get more money for it. 

Q. So you beheve a man ought to be permitted to work 10 or 12 or 15 hours if he 
wants to? — A. No, sir; I believe in eight hours. 

Q. I thought you said that when you were younger you wanted to work longer? — 
A. No; I am getting older; I have changed. 

Q. Were you ever thrown out of the union? — A. Me? 

Q. Yes. — A. Never in my life. 

Q. You said that while you were in the town of Berwind — I mean you said that 
since you came to Colorado you had stayed closely within the boundaries — ^is that true; 
you have been at work there? — A. Yes, sir. 

Q. What was your work there? — A. I am laying a motor track. 

Q. Did that keep you within the mine?— A. For eight hours. 



CONDITIONS IN THE COAL MINES OF COLORADO. 69 

Q. What hours of the day? — A. Well, I worked — came to work about 20 minutes 
to 7, start in, and come out at half past 4. 

Q. In the afternoon? — A. Yes, sir. 

Q. How did you spend your evenings? — A. Usually at home in the boarding house 
reading. 

Q. You are a close reader, are you? — A. I read most everything I can get hold of. 

Q. You were asked something about your experience in going down the canyon. 
How many times have you been down the canyon? — A. Once. 

Q. When was that — coming here? — A. No, sir; last Tuesday evening I was down 
about a mile, probably, below where I am boarding, to Tobasco. 

Q, Did you take a walk? — A. Yes, sir. 

Q. And your testimony about yoiu- experience in going down the canyon is based 
on that evening trip, is it? — A. Yes, su'. 

Chaii'man Foster. What time was it you left Pittsburgh? 

The Witness. Sir? 

Chairman Foster. When did you leave Pittsburgh to come to Colorado? 

The Witness. Along in the afternoon. 

Chairman Foster. I mean what date? 

The Witness. Well, I wouldn't be positive; I think it was along about the 22d of 
December. It took us three days to come, and we landed up at Berwind about half 
past 7 or probably 8 o'clock in the evening before Christmas — Christmas eve. 

Q. The company that you contracted with in Pennsylvania, did they pay your 
expenses out here? — A. Yes, sir. 

Q. And then you paid it back to the company? — A. No, sir. 

Q. They took out of your wages for your transportation? — A. No, sir. 

Q. Didn't charge you anything? — A. No, sir. 

Q. Do you know'^about the other men, whether — what the contract was? — A. I 
don't know anything about the others; I can only speak for myself. 

By Mr. Sutherland: 

Q. How many came out together at that time — A. Well, I would say there was 
probably 200. 

Q. In one car? — A. No; I think they had six coaches and a baggage coach or two; 
I would not be positive. 

Q. You never saw anybody attempt to leave the train and be stopped by a guard 
or somebody who was with the guard? — A. Oh, no, no, no. 

Ivlr. Sutherland. He said he didn't know anything about that. 

The Witness. Had it occurred I surely would have known it; I went back and 
forward from one end of the train to the other; so did all the others. We had a per- 
fect right to do so. I saw no disorder nor anything like that. While I didn't get out 
of the train, I was out at St. Johns, Kans., but I saw other ones go out frequently when 
the train would stop. I saw no disorder on the train, or heard none. 

Chairman Foster. Did you have any contract with the company that you were to 
pay back for transportation and expenses out here? — A. No, sir. 

Q. Nor that you were to pay anything for coming? — A. No, sir. 

Q. They brought you out here" without — told you to come and they would pay 
your way out? — A. Yes, sir. 

Mr. NoRTHCUTT. The contract, which is the best evidence, provides that if the 
party leaves within 30 days of his arrival, he shall refund his transportation. 

Mr. CosTiGAN. That is true. 

By Chairman Foster: 

Q. You said, I believe, that you didn't go out of the car — you stayed in the car? — 
A. I told you just now that I got out of the car at St. Johns, Kans., while they were 
taking water, but I didn't try to get out of the car — had no business before that time, 
and the reason I got out there, I have a brother living there — a preacher — and I 
thought probably I could see some one that would probably know him. 

Q. That was the only time you were off the car from Pittsburgh to Chicago? — A. St. 
Johns, Kans. 

Q. And from Chicago to Trinidad? — A. Yes, sir. 

Chairman Foster. You never were in a strike before? 

The Witness. Oh, yes, sir. 

Q. WTiere, Pittsburgh?— A. Pittsburgh— not 1, but about 100. 

Q. \Miat coal mines did you work for? — A. I worked for the Pittsburgh Coal Co., 
the Monongahela River Consolidated Coal Co., the West Moreland Coal Co., the New 
York & Cleveland Gas Coal Co.— the largest companies there are in the western field 
of that State. 



70 CONDITIO l^-S IN TUB COAL MINES OF COLORADO. 

Q. Now, when you had these strikes you spoke of? — A. Some way, and we went 
back to work. Others were not settled, and we went back like a dog to the vomit. 

Q. Did you get an increase of wages?— A. The major portion of the time we did 
not,^ but since the labor organizations have got the upper hand in western Pennsyl- 
vania, since 1892, since they have organized, the conditions have grown gradually 
worse. That is the reason I am bitterly opposed to it. 

By Mr. Sutherland: 

Q. You stated you went freely from one car to another the entire length of the train 
without any stoppage? — ^A. Yes, sir. 

Q. And you weren't confined to one car and no one elsewas?— A. No, sir; just the 
same as on the train coming down here from Berwind this morning. If I wished I 
could walk from one end of the car to the other. 

Q. You say about 200 men came with you? — ^A. I think there was more than that. 
They had, I think, six coaches. I don't know just how many would be in each coach, 
but they were all quite full. I had two seats turned over and rested comfortably. 

Q. How many of these men went to Berwind? — ^A. Sir? 

Q. How many went to Berwind? — A. Well, 18 to probably 22 

Q. Where did the others go? — A. We all had option of going to several mines. I 
don't know where the others went, because I am not conversant with the names of the 
camps around here. 

Q. How many of the 22 that went to Berwind are now there? — ^A. That would be 
hard for me to say; I don't know whether any of them have left or not. 

Q. Have you seen any of them recently? — A. Yes. I see them there every day. 
Some are working with me and some are working on the day shift. 

Q._ What was the nationality of these men, generally speaking? — A. The major 
portion of us are English-speaking people, I believe, that went to the Berwind camp. 
The major portion, I think, that came on the train were non-English speaking. 

Q. With whom did you enter into a contract when you started? — A. Hartravella, 
an employment agency at 1144 Penn Avenue, Pittsburgh. 

Q. Did you have any more privileges than any of the rest of them that came on the 
train with you? — ^A. No, sir; I don't think I had. I didn't ask for any, and I didn't 
usurp any, 

Q. Did you enter employment for any length of time when you came out?--A. No; 
no more than my contract, like all the others that I seen — I thought I had it with me — 
I have left it at home. They had left the service. If we left the service of the com- 
pany, at the bottom of it it says I would have to refund my fare. But I stayed my 30 
days and expect to stay with the company as long as they pay me as well as I have been 
paid. 

Q. Who was the representative of the company? — A. Mr. Cribbs. 

Q. In Pennsylvania? — A. Yes; I have known him for many years. 

Q. Did he have any talk with you about coming out here? — A. Certainly, and he 
explained the conditions and showed me the notices and we all knew that — ^what we 
would go for — we had the proper understanding. 

Q. Were there any men who could not speak English much on that train? — A. Yes. 

Q. How did he talk to these men, do you know?— A. They had an interpreter 
there — they had a contract, and if they were Polish, they had a contract in Polish, 
and if Italian they had a contract in Italian. 

Mr. Sutherland. They were all required to sign a contract before leaving Penn- 
sylvania — Pittsburgh ? 

The Witness. I presume so; at least I was. 

Q. Well, you wanted a contract so as to be sure of what you were getting? — A. I 
surely did; yes. The reason I wanted a contract was that I intended to live up to my 
portion and I wanted to see if the company down there would live up to theirs. 

Q. Well, had your dealing with coal companies been such as to make you sus- 
picious about that? — A. Sir? 

Q. Had your dealings with coal companies been such as to make you suspicious 
about that? — A. Not any more with coal companies than a great many men — ^indi- 
viduals. 

By Mr. Austin: 

Q. Are there many idle men in western Pennsylvania? — ^A. Yes. 

Q. More than usual?— A. I should say so— I get letters every week from home — 
and work is very slack, and I could go back now and get a thousand good, practical, 
English-speaking coal miners that are nonunion, that understand strike conditions here, 
and they would be glad of the opportunity to come. 



CONDITIONS IN THE COAL MINES OF COLORADO. 71 

Q. Are there any differences in the treatment of the miners here and in western 
Pennsylvania by the company? — A. Yea; I find quite a lot 

Q. Well, what is the difference? — A. Well, I find conditions better in Colorado than 
in Pennsylvania. 

Q. How about the pay? — A. The pay is better here. 

Q. How about the cost of living? — A. The cost of living — I am boarding and I don't 
think I would have to pay any more here for board than what I would have if I was 
boarding in Pennsylvania. I have a wife and 11 children there. 

By Judge Northcutt: 

Q. Are you going to bring your family out here? — A. I am as soon as possible. 
By ^Ir. Austin : 

Q. What has been the effect of the immigration of foreign miners into Pennsyl- 
vania? — A. Well, it has been degrading, I think. 

Q. What effect has it had on the American miners in Pennsylvania? — A. It has 
about dragged us down to their level instead of us elevating them to the American 
level, because of competing labor; they hire them and bring them into Pennsylvania 
and here we are crowded out and the conditions are much cheaper — that is, labor is — 
and the conditions are much worse. 

By Mr. Evans: 

Q. Well, if they all worked imder union scale there would not be so much to draff 
them down? — A. You might not think so, but I entertain a different \dew. I found 
it out to be different. 

Mr. Evans, I am not expressing an opinion; I am merely asking for your views. 

By Mr. Austin: 
Q. You favor the restriction of immigration? — A. Yes; I think that everyone that 
has a good moral character and is willing to work and is stout and healthy — I think he 
has a perfect right to come into this country, but when they all come and settle down 
in one particular place — ^in the western part of Pennsylvania, where the mills are — ^it 
is degrading. Take our police court there or any particular paper — in the criminal 
court about 9 out of every 10 are unpronounceable names, and it is the American 
courts that have to prosecute them for violating the laws, and they pay no taxes. 

STRIKE BREAKERS. 

While on the subject of the importation of employees, let us advert 
briefly to the subject of strike breakers. 

The opposition, in keeping with their apparently uncontrollable 
desire to brand anyone who desires to comply with the law and earn 
an honest hving with some opprobrium or odium, have stigmatized 
all who have seen fit to go to the mines to work, or guard those who 
were at work, as strike breakers, and have charged that the strikes 
breakers — that is, the persons who obtained employment in the 
mines 10 years ago — are the strikers of to-day. The evidence does 
not show this to be true, save for the general statement of the witness 
Lawson. It stands to reason that it can not be true that all of the 
persons seeking employment 10 years ago are strikers to-day. Only 
a portion of those who sought employment in the mines 10 years ago 
were working in the mines at the time of this strike. Many had 
ceased mining altogether, and some had gone to other fields. Of 
these men who began work in 1903 and 1904, probably a few of them 
went out on this last strike knowing by experience the peril they had 
endured and that which they necessarily would endure if they sought to 
remain at work during the strike. On the other hand, it may be said 
that some who went out on the strike of 1903 declined to respond to 
the call this time, and remained in the mines, if they had sufficient 
guards to satisfy them that they were well protected. 



72 CONDITIONS IN THE COAL MINES OF COLORADO. 

Again, let us understand what a strike breaker is, and when under- 
stood it will be observed that we have no strike breakers in the Colo- 
rado mines to-day and, so far as known, had none in 1903. The term 
"strike breaker" has a well-defined meaning in the industrial world. 
By the term is meant a class of persons who work at a particular line 
of industry only when there is a strike on, and who make it their 
business to undergo the peril and endure the abuse which is incident 
to a person who goes to work at a place where a strike is in force. 
For this they charge unusually high wages and expect to quit the 
work, and as a rule do quit it, the moment the strike is ended. It 
does not apply to persons who are working in due course and who 
expect to remain with the companies even after the strike is sus- 

E ended. It is the regular laborer and not the professional strike 
reaker who works in the Colorado coal mines to-day. 

VIOLATION OF UNITED STATES POSTAL REGULATIONS. 

Under this head great criticism is made of the fact that some of 
the post offices happened to be found in company stores, and that 
on occasion exchange was sold by the companies when post-office 
orders might have been used. This latter practice has been discon- 
tinued ; and as to the location of the post offices within the mining 
camps, the operators are not in the slightest inclined to be conten- 
tious. It is more convenient for them, as weU as the miners. But 
if the Federal Government feels under obligation to remove them 
not the slightest objection will be found, though the experiment wiU 
quickly lead to a petition from the laborers to be given the conven- 
iences which our postal laws were designed to give, by a request that 
they be restored. The parties who make the criticism know full 
well that these post offices are a convenience to the laborers, and 
that the manner in which they are conducted is not objectionable. 

The matter of selling exchange by the store companies began be- 
fore the post offices located in the camps were made money-order 
offices, and after they were created money-order offices the post- 
masters did not seem to appreciate the importance of selling post- 
office money orders in lieu of the exchange they had been seffing for 
the accommodation of the miners. But, as appears from the evi- 
dence, as soon as this irregularity was called to the attention of the 
management its practice was at once abandoned. 

Some criticism seems to be made that the post offices are located 
in the company stores. On the inspection of some of the camps 
made by this committee it undoubtedly appeared clear to them that 
the stores were the most convenient and most adaptable to use as a 
post office to be found in the camp, and as a rule the clerks of the 
stores are about the best qualified to look after the postal duties of 
any who have the time to devote to it. Besides, the miners come to 
the company stores to trade, and it is more convenient for them to 
get their mail there than at any other point. 

One of the serious postal grievances charged by the striking miners 
was the interference with persons going to and from the post office. 
Their testimomy feU flat on this subject. The only person who tes- 
tified that he was stopped or interfered with in his efforts to go to 



CONDITIONS IN THE COAL MINES OF COLORADO. 73 

the post office was John Weinberg, who, it appears, was requested 
by a guard to take the shorter route to the post office and not go 
through the to^vn, where he would come in contact with the em- 
ployees. Certainly from the evidence there can be no doubt in the 
minds of the committee that Weinberg was going into the town for 
■the purpose of agitating the miners, and the chances were all in 
favor of a breach of the peace had he gone among the miners who 
were antagonistic to Jiini and entered into an altercation. While 
there is no evidence that strikers were prevented from getting their 
mail, there is an abundance of evidence that mail hacks were stopped 
by the strikers on more than one occasion, and that in the northern 
field it was w^orth the life of a miner who was working in the mines 
to go into any of those towns for his mail. The strikers, it is related 
in the evidence, had control of the towns of Lafayette and Louisville 
and other towns in the northern coal field, and if a miner went to the 
post office mthout a guard he was certain to receive a severe beating. 

PEONAGE. 

There is no dispute between counsel as to what constitutes peonage 
under the law. But we submit that not a single case of it has been 
shown by all this testimony. A fair sample of the witnesses who 
testified as to being restrained and kept in the mine for the purpose 
of paying debts was the man, Adams, who testified that he walked 
in the night time, 22 miles in the mountains, through snow up to his 
waist; but in no instance, as we now recall, did any witness testify 
that he was held for the purpose of paying a debt, but in every instance 
where they asked permission of the superintendent to leave, it was 
granted, and they were aided in getting down the canyon. 

Lender this head counsel have cited the case of some Mexicans 
whose shoes were claimed to have been stolen at Tercio so that they 
could not leave the camp. The only witness who testified concerning 
this was Mr. Lawson, and he testified only that he had heard it was 
so. He did not claim to have seen the occurrence nor to have talked 
with anyone who did see it. Of course, if any such a startling, 
blood-curdling thing as that had taken place, they would have had 
those ^lexicans there to testify to it even if they had to drag them 
out from under Huerta's castle. 

On this subject of peonage this same witness, Adams, whose testi- 
mony begins at page 114 of the record, testified that they knew noth- 
ing of the strike in the coal fields and that they did not know they 
were coming to Colorado to mine coal (p. 121)! In other words, it 
appears from his testimony that he and 53 other people were kid- 
naped and taken to Colorado as slaves to put into the mines. Now, 
the truth of the matter is before he started to Colorado he had entered 
into a written contract which we here reproduce, and which is found 
at page 2737 of the record, marked ''Operator's Exhibit No. In." 

COAL STRIKE ON IN COLORADO. — LOWEST WAGES PAID AND MINING CONDITIONS. 

Pick mining: Fifty-five to sixty cents per ton and upward, 2,000 pounds, mine 
run. 

Machine cutting: Ten cents per ton and upward, 2,000 pounds, mine run. 
Machine loading: Forty cents per ton and upward, 2,000 pounds. 



74 coxDino^fs IX the coal mixes of colobado. 

Per day. 

Blacksmiths $3l 25 

Drivers i 08 

Rope riders 3.08 

MoTOrmen 3. 08 

Tracklayers 3. 10 

Timberaieii 3. 10 

Kock men 3. 10 

Eight-hour working day underground. 

Two weeks" pay. 

House rent, $2 per room p^ month. 

Electric light. 35 and 40 cents per li^t per month. 

Smithing. 50 c-ents pCT month. 

Doctor and hospital (including medicine), $1 per month. 

I hereby acknowledge that I haiTe read tiie aj^ve and have been infcnmed that a 
strike is now on in Colorado : that I have agreed to go to Colorado to w<»k in the mines 
where strike is on at wages stated above. I agree that should I leave the mine to 
which I am shipj>ed within 30 days of my arrival to forfeit the cost of my tzangportation, 
ii dne me at the lime I leave ; and I further s^ree to pay back the transportation of anj 
mem^ber of my family who may accompany me at ^e rate of f5 per month until 
fully paid. 

Witness my signature this 16th day of December. 1913. 

Witness: " ^ James Adams. 

R. J. CoPELAxn. 

Now when this paper was presented to the witness he denied 
having signed it. but thereafter at the reqn^t of one of the commit- 
tee the witness wrote his name, and as we recall, other papers with 
his signature on were presented, and the comparison left not the 
sUghtest shadow of a doubt that the signature to the exliibit offered 
in evidence, ^o. In, was that of the witness, James Adams. That 
he wjUfuily perjured himseK there can be no possible doubt enter- 
taiued. As to why he came there and thus wuKuUy falsified under 
oath in the presence of this committee the reader mil have to draw 
liis own conclusion. 

Witness stated that his expenses were beiug paid and that he was 
being taken care of by the United Mine Workers. His perjury was 
so palpable and open that his testimony is not only worthless, but 
reflects discredit on the cause of those who presented him. 

Another witness whom the m in ers called to estabhsh the charge of 
peonage was Salvatore Valenti. This witness contended that he like- 
wise was practically coerced, brought to a Colorado coal mine in 
ignorance of the existence of a strike, and was there held in bondage 
for the payment of his fare. His testimony begins at page 140 of the 
record. He is the witness who had three names before he left the 
witness stand, the one who claimed he could not write, yet after he 
had sworn that his name was Yalenti and his father's name was Va- 
lenti and where he came from and all about it, and was requested to 
write his name, wrote Pom i n ick Bonito. When confronted with the 
conflict in his testimony and asked if he had not testified that his 
name was Salvatore Yalenti, he said that that was his uncle's name. 
This same witness also claimed to have a discharge from the United 
States Army in his valise or suit case down at Hastings, Colo., where 
he had left it. It wHl be recalled that the statement was made that 
the number of the regiment to which he claimed to have belonged 
was an error. He claimed to belong to Troop B, Thirty-sixth Cavalry 
Regiment under Col. Shaefler. (fiec, p. 155.) It was contended 
by some one present that there was no Thirty-sixth Cavalry Regi- 
ment, so this party was requested to go to Hastings, obtain nis suit 
case and produce tHe discharge, which he readily promised to do and 



CONDITIONS IN THE COAL MINES OF COLORADO. 75 

agreed, upon the suggestion of the committee, to meet Gen. Chase 
at the train the following morning. This was the last that was ever- 
heard of Salvatore. In the language of the day, he ^'hit the pike," 
and so far as we know is still going. 

^¥hat credence should charges made by such people receive ? 

These two witnesses are a fair sample of the persons who testified 
upon the subject of peonage. 

The testimony of the witness Frank Vargo (Rec, p. 822) showed 
that he was restrained of his liberty, even locked up in a house in 
the town of Frederick where he had been working in the mine. On 
cross-examination he admitted that he was beastly drunk at the time 
of his alleged incarceration. The officer who was charged with arrest- 
ing him was called to the stand and explained very frankly the man's 
drunken condition on the occasion above mentioned, and that for 
the purpose of his own protection, to avoid his being hurt, he took 
him to his (Vargo's) house and put him to bed. The door was not 
locked and no attempt was made to restrain him. All the testimony 
upon the subject of peonage will be found to be of this character. 

REPORT OF FEDERAL GRAND JURY. 

Portions of a report of the Federal grand jury were introduced in 
evidence. This report, as will be understood by the committee, was 
baijd on ex parte testimony. The witnesses there testifying were 
not subjected to cross-examination. The witnesses giving evidence 
upon which the portions of the report quoted in counsel's brief are 
based were friendly to the striking mine workers, and this committee 
discovered quite plainly what sort of a story most of these witnesses 
can tell if not curtailed by proper cross-examination. 

But the same grand jury from which counsel quote, expressed in 
pretty plain language their opinion of tlie United Mine Workers of 
America; and it is so thoroughly apropos as a conclusion from the 
testimony introduced before this committee, that we quote it here 
as it appears on page 2555 of the record: 

The methods pursued by the United Mine Workers of America in their endeavors 
to force recognition of their union by the coal-mine operators in this State are an insult 
to conservative and law-abiding organized labor. They have brought in professional 
and experienced strike agitators, and have armed hundreds of irresponsible aliens, 
who have become a menace to the peace and prosperity and even the hves of our 
citizens. They have created open insurrection in southern Colorado, and have 
resorted to measures which all fair-minded labor organizations repudiate. The officers 
in charge of many of the tent colonies confess their inability to control the men whom 
they have armed and aroused. Evidently no qualification is necessary for membership 
in the United Mine Workers of America other than a promise to pay the dues, which are 
apparently used to support insurrection and lawlessness, when necessary to enforce 
theii' demands by intimidation and fear, wherever strikes are called, with the result 
of injiuing other trades and the entailment of hardships and privations on the people 
of the entire Commonwealth. The lawlessness of many of the striking miners is 
caused by radical agitators imported from other States who inflame them with in- 
cendiary speeches and exhortations to violence. 

Mines and mining conditions in southern Colorado have been greatly improved 
in the last two years, and further improvements are in progress. The Colorado mining 
laws are the best in the United States for the protection of the miner, but sufficient 
time to test their efficiency had not elapsed since their enactment before the present 
strike of coal miners was called. 

This report is corroborated by the report of the governor to this 
committee, found on page 2836 of the record, in which, on the subject 
before us, he states. 



76 CONDITIONS IN THE COAL MINES OF COLOEADO. 

Turbulence and bloodshed began almost immediately after the strike was called. 
There was a great deal of shooting, much of it probably merely for intimidating pur- 
poses. As the strike progressed, the trouble increased. Picketing led to greater 
violence. A number of people were killed and many were beaten up. Threatening 
letters were sent to those who had not left the mines. The operators employed a large 
number of mine guards and the sheriff deputized them and secured for the county a 
considerable niunber of deputy sheriffs. I asked the operators to keep theii' mine 
guards on their own property, and I believe they generally observed my request, but 
the strikers could not discriminate between the deputy sheriffs and the mine guards. 
They showed a great deal of bitterness against detectives, who, they said, had been 
employed to prevent their unionizing, and many of whom they believed had been 
employed as deputy sheriffs. 

DENIAL OF POLITICAL eTLSTICE. 

We shall not take the time of the committee to discuss this propo- 
tition. Certainly, the strikers crowded the limit in attempting to 
sell the committee about it; and yet, when the election returns were 
introduced, they disclosed that in the year 1912 the vote in many of 
the mines was evenly di^dded. If previous years showed a different 
state of facts, counsel should have introduced the vote. 

The truth is, the poHtical conditions complained of were never 
the result of any activity upon the part of tlie coal companies or 
their officers. The matters which created local irritation were 
brought about by the unconscionable methods used by local poli- 
ticians, for which the companies were no more responsible than a 
stranger to the situation. Instead of the companies interfering, the 
local pohticians, through an assumed agency for the companies in 
political matters, have misled and deluded the employees to such an 
extent that on occasion the election returns would indicate to one 
not advised in the poHtical macliinations of the district that the 
management of the companies had participated; but the fault was 
never with them, but with the local pohticians, and the evil can be 
righted only by the voters in the district. 

When the m^iners have not been interfered with, by the local lead- 
ers, they have demonstrated that the matters which influence them 
in poHtical affairs are very much the same as the impulses wliich 
influence other people under similar conditions. 

It wiU be remembered that a copy of the official returns of the 
election held in Las Animas County for the year 1912 was introduced. 
This included the camps of Hastings and Delagua — Victor-American 
Fuel Co. camps. It further appeared from the return that ^Ir. J. C. 
Osgood, of the aforesaid company, was a candidate on the ticket for 
presidential elector. It also appears that, while the vote was prac- 
tically evenly divided upon the local candidates and State officers, 
it was almost unanimous for Mr. Osgood. This is mentioned to 
demonstrate, as it does to our mind, the utter falsity of the charge 
of mistreatment of the m.en by the officers of the com.pany, and the 
estrangement alleged by counsel to exist between officers and men. 
The vote indicates loyalty and gratitude on the part of the miners 
and good treatment and fair deaHng on the part of the officers. 

Under this head, m order, apparently, to emphasize or lend dignity 
to their charge of social and poHtical injustice, counsel have caUed 
to their side the solemnity of the cloth. But their representative of 
that branch of our social department, like so many other of their 
contentions, when submitted to the light of investigation, proves to 
be misplaced. Their witness, who was introduced as Kev. McDonald, 
appears to be an imposter and an incompetent, in so far as he claims 



CONDITIONS IN THE COAL MINES OE COLORADO. 77 

the title ''Reverend." On pa^^c 2063 of the record, will be found the 
extent of his right to claim that title. He is asked: 

Where were you ordained a minister? — A. I am in the traveling ministry at the pres- 
ent time on trial. I am in the Methodist chiu*ch. 

Q. Then you haven't been ordained yet? — A. I am in the traveling ministry on 
trial. 

Had he been an honest man, when the question was propounded to 
him as to whether or not he was ordained, he would have said no. 

On page 2026 of the record he discloses the reason for the existence 
of his soured soul and why social and political conditions in Las 
Animas County do not suit him. We learn from the record that he 
went into the Hastings camp as a machinist. Evidently that proved 
a little bit onerous to him, and he sought an easier way of making a 
living. He thought school teaching would be more consistent with 
his ambition for easy money, and, too indolent to prepare, he at- 
tempted to acquire a certificate without the usual method of an 
examination as to his qualifications. He states: 

I am just coming to that. Yes, gentlemen, there are these tests examinations. 
I may say that I, myself — well, just previous to leaving Hastings, when the people 
saw that they weren't able to give me a salary, they suggested that I go down to 
Barnes and that I interview the school board there and take charge of the school at 
Greenville, I think they call it, over at Cedar Hill — I think it is Greenville — and I 
went down and interviewed the district superintendent. Mr. Madrid was super- 
intendent then. I interviewed Mr. Madrid, and this was coming pretty near the 
opening of the season, and I said, "Mr. Madrid, I believe I can pass your examina- 
tion," — if I remember rightly it was just a few days before the examination— "all 
except yoiu school law and your American history; these are two things that I don't 
think I could take yet; the other things I would not be a bit afraid on." "Well," he 
says, "you can't get the school unless you stand the examination." 

So it appears that there is a reason for his dissatisfaction with social 
and political conditions in that county. If the public school super- 
intendent had handed over the certificate sought without an exam- 
mation, and thereby imposed upon the district wherein he hoped to 
teach, we apprehend we would have found in him a w^arm supporter 
of political conditions in Las Animas County, at least so long as he 
carried the certificate. 

This witness is a fair illustration of those who are continually 
prating about social, industrial, and political justice. The justice 
they seek is that measured by their own conce|)tion, based at all times 
on their own selfish purposes ; and so long as high-minded people lend 
a willing ear, and officers charged with the administration of the law 
extend a patronizing indulgence, to the calamity howlers, just so long 
w^ill we have disorder, brigandage, disrespect, and contempt for the 
law, which in time must hurl us into revolution. And it is to be hoped 
that the thinking and unselfish people of these United States can dis- 
cover from the present social disorders the remedy to avert the 
threatened evil. To our minds, an enforcement of the laws on the 
statute books wdll restore peace, and prosperity will follow. Truly, 
there is need of it, and, in our judgment, the cause of the trouble does 
not he far from where the trouble exists. A noise is usually found 
near the discord which creates it. The organization which is making 
the trouble in Colorado is a breeder of the very disorders complained 
of and a manufacturer of an offensive and dangerous class of people. 
Idleness is a habit. It is doubtful if the most energetic person could 
not be converted into a sloth by long-continued enforced idleness; 
and when an organization such as the United Mine Workers invites a 



78 CONDITIONS IN THE COAL MINES OF COLORADO. 

people to congregate in a community and remain indefinitely in com- 
plete idleness they introduce them to trampdom. And to-day, with 
our idle armies marching through the country, overriding the law 
and breaking the peace of communities, and agitators howling them- 
selves hoarse with charges of violated statutes, abusing every privilege 
guaranteed them in the freedom of press and of speech, and we cer- 
tainly have a sufficient premonition of what is to come and a sufficient 
admonition of timely action to prevent it. 

STRIKE LEADERS. 

It must bo borne in mind that the leaders of this so-called strike, 
the parties here complaining, the ones whose agitation and fervent 
appeals brought about this mvestigation, are professional labor agi- 
tators. They are numerous and embrace people who belong to that 
large army of agitators who demand the reconstruction of our social 
institutions along hnes advocated by them, and as an avenue tlirough 
which they hope to accomphsh their purposes in the labor world 
they have espoused and are promulgating this new doctrine of syn- 
dic ahsm. 

This is the name conunonly applied to the most radical form of the modern labor 
movement. The name, and to a large extent the social theory of the movement, 
is derived from the French unions or syndicats. It is a logical development of tne 
revolutionary wing of socialism and the Internationale, as represented by Baunin, 
as against the revolutionary socialism of Marks and Engles. The term, hovrever, has 
come to be indiscriminately applied to almost all labor movements that are inimical 
to peace and order. In its original French meaning the term applies to a movement 
of the organized workers in eacli industry to obtain control of that industry. * * * 

Sjmdicalism rejects reform because it does not go to the root of social ills, and it 
detests Government because it is an instrument for the exploitation of the workers. 
* « • 

Syndicalism would gain control of an industry by direct action. This may be peace- 
ful, as by the adoption of labor cooperation, or more forcible, as the strike or sabotage, 
boycott, label, and other means designed to render an industry unprofitable to an em- 
ployer, forcing him to abandon it to the workers. (International Yearbook, 1912, 
p. 697.) 

It is the avowed purpose of the syndicalists to use every means 
and method to make the employment of labor so profitless that the 
o^vners of large industries ^\'ill become so discouraged in the operation 
thereof that they wiU be illy prepared to offer prolonged resistance, 
when, at the opportune moment, the laborers in the industry will call 
a strike and take possession of the industry themselves; and this is 
the spirit which some of the highest officers of this land, apparently 
quite obhvious of their danger, are toying and experimenting %vith, 
as an innocent child would ^\ith a viper. And in their efforts in this 
particular instance the strike leaders have congregated in various 
tent colonies a large number of foreigners, many of them who have 
never worked in the mines of Colorado or elsewhere, and are still 
adding to them desperate people wherever they can find them, to en- 
list them in their further battles against the people of the communi- 
ties in which they are located. 

CONCLUSION. 

In conclusion, counsel criticize labor conditions generally through- 
out the country. We feel that an unbiased reading of the record in 
this case will disclose that labor conditions were most satisfactory in 
the mining regions of Colorado until trouble was fomented by the 
officers, agents, and employees of the United Mine Workers of 



CONDITIONS IN THE COAL MINES OP COLOBADO. 79 

America. We have quoted in this brief their written declarations of 
determination to adhere to their purpose of organization in Colo- 
rado until they have landed the labor fields of this State within their 
column. 

The witness Mar}^ Jones, who went to Washington and told her 
story to this committee, without interruption, and with every aid 
which the committee could possibly off sr to her, is one who^ is 
blindly followed by the mine workers and many other laborers with 
whom she comes in contact. She is frank in her disclosures to the 
committee as to the purposes of this strike. She tells it repeatedly 
in her testimony that the strike can not be settled except by the 
recognition of the mine workers' organization. On page 2931, we 
find the following: 

Mr, Byrnes. Now this man says they will grant every demand with this exception. 
What would be your advice to the organization under those circumstances? 

Mrs. Jones. Under those circumstances — I will tell you the truth about it; I would 
demand the organization. I would sacrifice other things. Other concessions I would 
sacrifice, but I would demand the right to organize. You have the right to go into 
the Knights of Pythias. The Catholics go into the Knights of Columbus. You go 
into the Masons, and nobody bothers you. So in the industrial field they want organi- 
zation to protect them. Why not allow them to join that. 

Mr. Byrnes. To go further, we asked him that — I think I did myself — whether he 
did not think so, and he said yes; he thought they had the right to ofrganize. But he 
miakes this point, that while he will grant their other demands, he will not make a 
contract with the organization which will preclude the possibility of any man other 
than a member of the organization working in his mines. That is the point they seem 
to make. 

Now, is there any chance, do you think, of getting together? That is what every 
member of this committee would like to know. 

Airs. Jones. Yes; I understand what you are getting at. I don't think that they 
could, because it would involve strikes again. The organization — it would be re- 
volting against the men, you know. I do not see why, on that ground, Mr. Rocke- 
feller can refuse that. 

And again, on page 2933: 

Mr. Austin. * * * What is your suggestion in the way of a remedy to stop the 
troubles in Colorado? 

Mrs. Jones. There is only one suggestion. Just say, "Here, we will concede the 
right to you to organize. " 

Mr. Austin. How is that? 

Airs. Jones. "We will concede the right to you to organize." That will settle it. 

Now, here, gentlemen, I am talking to thinking brains here. That governor — you 
eee, there is an unfortunate phase in our age; we get time service in office instead of 
statesmen. It was so in Colorado; in Michigan; it was so to an extent in West Virginia. 
Now, there are men, as a rule, who have no grasp of the great economic revolution that 
is going on. Our forefathers 40 years ago didn't dream of what was going to take place 
with us to-day. Neither did the men who framed the Constitution ever dream of 
those changes that were to take place. We jumped over night. 

Now, that governor turned the militia in from that field last Thm'sday. He stood 
for uniforming these gunmen, making them militia without any calling of the legis- 
lature. He leaves his State in a turmoil and he comes here about the conservation 
of trees. What about the conservation of the people of the State? 

The witness, in the foregoing quotation, indicates pretty clearly her 
contempt of the governor. The denunciations of herself and other 
labor leaders concerning Gov. Peabody is fresh in the minds of the 
public. But her animosity toward Gov. Ammons now is so intense 
that, by comparison, Peabody is almost deified. On page 2936 she 
says: 

Peabody had a lot of backbone, and he came right straight out. I like an open 
enemy, and he came right straight out, and you knew how to fight him. 

She seems to have gained some admiration for Gov. Peabody, even 
though he saw fit to make use of the militia, and association with or 



80 CONDITIONS IN THE COAL MINES OF COLOKADO. 

use of a soldier is almost unpardonable in her estimation. We quote 
from page 2935: 

Mr. Austin. Take the; Colorado fight. The people have got intensely interested. 

Mrs. Jones. Both sides are, you know. 

Mr. Austin. Yes. 

Mrs. Jones. The employees and the striking miners will arm themselves. 

Mr. Austin. And go to killing? 

Mn. Jones. And the railroads will stop, because they are all excited about this.- 
It is a spasmodic fever. Congress should send a telegram to the governor and to the 
miners both. You see, these men are liable to tie up all the railroads. It may be 
the starting of a revolution in our countrv^ 

Mr. Sutherland. Mrs. Jones, do you think it would help the matter any to have 
Regular soldiers out there who would have no partisanship as between the two sides, 
in order to keep the peace? 

Mrs. Jones. No; I am opposed to Regular soldiers. I am opposed to soldiers in 
any form. 

Mr. Sutherland. But there is a condition there that apparently needs something 
on both sides. 

Mrs. Jones. That can be settled very easily. I understand that situation perhaps 
as well as anyone in the country does. I could go down there to-morrow — if you 
would make that governor take his dogs of war away, I could go down there to-morrow, 
and there won't be a shot fired from a single mining camp. I can handle those men. 
One thing that has aroused those men is putting me in those bull pens. 

The above paragraph is another demonstration of insincerity when 
we view it in the light of the depredations of the strikers during 
the so-called truce in southern Colorado. While the governor held 
the hands of the militia through the truce, the strikers held high 
carnival in the undefended mining camps, shooting and burning as 
their bloodthirsty ambition led them. 

In the testimony of the witness Mrs. Jones, embracing 23 pages, 
she used the personal pronouns I, me, and my 666 times. The first 
substantial question that was propounded to her is on the second 
page of her testimony, as follows: 

The Chairman. Now, you tell us from your experience there what you know with 
reference to this strike and any causes leading up to it. 

In response thereto she immediately begins to tell what she has 
done since the calling of the strike, and when finally pressed upon the 
matter and the question repeated to her by Dr. Foster (p. 2927 of 
record) : 

Do you know anything about the living of those miners out in Colorado? Were you 
there before the strike occurred or about the men at all? Do you know how they live? 

She answered as follows: 

Mrs. Jones. I was not very much through there. 
The Chairman. So you really do not know? 

Mrs. Jones. I know their living is horrible, because they have told me about it, 
but I have not visited them. 

Considerable has been said about the importation of foreigners to 
work in the coal mines. It was disclosed by the evidence that prob- 
ably a greater proportion of English-speaking people were working in 
the Colorado coal mines at the time of the catling of the strike than 
are working in the unionized State of Illinois and other Eastern States. 
The inference is sought to be impressed that the companies have 
shipped these men into the mines from the old countries. Such is not 
the case. Under the law they are prohibited from contracting with 
labor abroad and bringing it here. These people come to this country 
of their own volition, because the opportunities are better here — at 
least we pride ourselves that opportunities for the poor man are 



CONDITIONS IN THE COAL MINES OF COLOKADO. 81 

better in our country than in any other land on the face of the globe. 
When they are here they seek work, and presumably go where the 
best opportunities are found. 

In a speech made by John Mitchell to the chamber of commerce in 
the city of Denver December 5, 1904, in speaking of the conditions 
in the southern field of Colorado, it is stated: 

Years ago in the South the population was largely American, In that field now I 
dare say there are less than 25 per cent of the miners who were born on American soil. 
If the conditions were fair, if the conditions were American, it would not be so. I do 
not wish to decry the laborers in that field, but when men whose standard of living is 
lower than the men then in the field are brought in, the standard of wages is lowered. 
(P. 339, Report of Labor Disturbances in Colorado, by Carroll D. Wright, Commis- 
sioner of Labor.) 

Clearly, here it is the mtention of the speaker to leave the infer- 
ence that the cheap labor from foreign countries has driven out the 
English-speakmg miner by a reduction of wages. An examination 
of the statistics discloses that during the past 20 years in Colorado 
mining wages have never been reduced, and when any change at all 
is made it is always an advance in wages and conditions: so that the 
inference sought to be promulgated is erroneous. The truth of the 
matter is that the foreigner has come into the mines because the 
American can not be found to do the work. The demand for coal 
from the Colorado fields since 1882 has increased from^ 1,161,479 tons 
to 11,016,948 in 1912, an increase in the production of nine and a half 
times. In the United States during the same period the increase in 
the production has only been five and one-sixth times. The demand 
has been great in Colorado, and the operators have been required 
to take their supply of labor from whatever field they could get it. 
If all the Enghsh-speaking miners who mined coal in 1882 were stiU 
in the mines, they would be in the minority. In truth, there were fewer 
Enghsh-speaking miners in the coal mines of Colorado 20 years ago 
than now. 

In concluding their brief counsel recommend the enactment of 
laws on twelve different subjects as a remedy for present conditions. 
The only recommendation we have to suggest is that the ofiicers 
of the law be encouraged to faithfully and rigorously execute the 
laws now on the statute books as well as those molded into our 
common law, as this, in our judgment, will be found more effective 
than the cultivation of a maudlin sympathy for those who stand in 
open rebellion against the constituted authorities of a sovereign 
State. 

Respectfully submitted. 

Fred Herrington, Denver, Colo., 

Attorney for the Colorado Fuel <& Iron Co. 
Frank E. Gove, Denver, Colo., 

Attorney for tJie Victor-American Fuel Co. 
J. V. SiCKMAN, Denver, Colo., 

Attorney for the RocTcy Mountain Fuel Co. 
George C. Manley, Denver, Colo., 

Attorney for the OaMale Fuel Co. 
Charles Hayden, Walsenhurg, Colo. 
Jesse G. Northcutt, Trinidad, Colo., 

Counsel for the appearing coal companies. 

o 

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